Venice Commission believes that the amnesty does not question the separation of powers but cannot be designed for specific people

The Venice Commission believes that the amnesty law, in its preliminary report, would not affect the separation of powers, as socialist sources have confirmed to Europa Press. The text, however, points out that “the criteria should not be designed to cover specific individuals”, while questioning the urgency procedure of the norm “given the far-reaching consequences and often controversial nature of such laws.” However, sources from the Council of Europe have also indicated that there is still no definitive report. In this way, the preliminary text will be submitted for debate on March 15 and 16, where it is expected that there will be discussion and possible changes via amendments. In this way, the final document must be approved in plenary. The Venice Commission points out that amnesties “must comply with the Constitution” and that constitutionality control “will be carried out through the bodies and procedures provided for in international law, particularly human rights law.” It also points out that the question of constitutionality must be resolved by the Constitutional Court and that the Commission is not competent in this regard. Furthermore, it does not evaluate its compatibility with European Union law. At this point, the Venice Commission states that amnesties “are usually motivated by reasons of social and political reconciliation”, which are “legitimate objectives” but which must be followed by a procedure that “must be inspired by inclusion, participation, an appropriate calendar and public debates. Therefore, it is understood that the processing of the amnesty law is not appropriate to be carried out urgently “given the far-reaching consequences and the often controversial nature of said laws.” Thus, he points out that “since amnesties are impersonal measures that apply to all people or certain classes of people, the criteria should not be designed to cover specific individuals.” “Amnesties must pursue a legitimate objective in the interest of the community,” he emphasizes, while stating that “national unity and social and political reconciliation are legitimate objectives of amnesties.” “In the Commission’s view, proportionality requires that, in each specific case, the proposed amnesty is an appropriate means to ultimately achieve unity and reconciliation,” he emphasizes. In addition, it warns regarding the investigation commissions to judges in parliament that they cannot be required to report on the merits of the cases they have decided “to anyone outside the Judiciary.” Finally, the Venice Commission observes that the amnesty bill has been presented with “limited consultation of the public, interested parties and other State institutions”, giving rise to “a deep and virulent division in the political class, in the institutions, in the Spanish authorities and in society”. For this reason, the Commission encourages taking “the necessary time to engage in meaningful dialogue in a spirit of loyal cooperation between the institutions of the State” and the opposition “in order to achieve social and political reconciliation.” However, the Venice Commission makes three recommendations regarding the material and temporal scope of application of the amnesty bill. On the one hand, it recommends defining “more precisely the material and temporal scope” of application of the norm, “to make the effects of the law more predictable.” Secondly, it asks that a “closer casual link” be established between the illegal consultations of November 9 and October 1, 2017, “their preparation or their consequences” and the acts of embezzlement and corruption. In a third point, the organization recommends eliminating the criteria of the final sentence for the exclusion of terrorism crimes. GOVERNMENT CELEBRATES IT The Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños, has celebrated the decision, emphasizing that “the amnesty is a tool for reconciliation.” “And it also complies with international standards. It is impeccable and positive,” he wrote online. The Venice Commission began the study of the Amnesty Law agreed upon by the PSOE and the pro-independence groups after a request made by the Senate, at the request of the PP. In fact, a delegation from the Venice Commission visited Spain on February 8 and 9 to meet with parliamentary groups from the Congress and Senate, the Government, constitutional experts and judicial associations, among others, to gather information about the initiative. During this visit, the members of the commission focused on the procedures of the bill, both in Congress and the Senate, but they did not evaluate its content, nor did they ask for details regarding terrorism crimes. In fact, one of its members made it clear to the deputies that their role is not to assess the suitability of the future law but only to analyze whether the appropriate technical procedures have been followed during its processing.