The amnesty for the independence process in Catalonia and its controversial integration within the Constitution

Authors

  • Pablo Guerrero Vázquez

DOI:

https://doi.org/10.18042/cepc/redc.131.04

Abstract

The incorporation of amnesty into the framework of the Spanish Constitution as a legal category remains a controversial topic. This work, however, presumes this integration, at least initially, in order to explore the most contentious aspects—from a constitutional standpoint—of the specific amnesty law passed by the Spanish General Courts in 2024. These pages examine the organic nature of the law and the inherent paradox it presents. It also addresses the singular character of the norm, emphasising its uniqueness rather than its specificity. The study pays particular attention to evaluating the reasonableness and proportionality of the law: how it should be understood and how the legislator interprets it. Finally, the analysis focuses on the legislator’s decision to grant amnesty for offenses that are not strictly political, a matter that once again brings the debate back to the starting point: the integration of amnesty as a legal category into the framework of the Spanish Constitution.

Published

2024-08-07

Issue

Section

STUDIES