If someone had written by hand the number of times the words were repeated Constitution, constitutional either unconstitutional, this Tuesday in the Senate, could have filled pages. The accusations of violating the Magna Carta that have been launched from one bench to another have taken over the entire debate on the reform of the Regulations of the Upper House, held this Tuesday. The plenary session has carried out with the absolute majority of the PP, by 147 votes in favor and 133 against, the modification proposed by the popular ones to delay the processing of the legislative proposals of the parliamentary groups that arrive from Congress classified as urgent. With this change, resolved expressly, the Popular Party intends to torpedo the parliamentary path of the future amnesty law, registered by the socialists precisely as a matter of urgency this Monday. During the debate, senators from the left bloc have accused the Popular Party of violating the Magna Carta with this reform. The PSOE has gone further and has announced that it will appeal the modification to the Constitutional Court, appealing to the jurisprudence of the high court reflected in its ruling 97/2002. In contrast, the right has accused the socialists for contravening, in their opinion, the Constitution with the measure of grace for those prosecuted by the processes.
The regulatory modification approved this Tuesday involves the reformulation of article 133 of the Regulation. In this way, when the amnesty law proposal enters the Upper House, senators will have up to two months – instead of the 20 days provided until now – for its processing and subsequent return to Congress, which will be able to definitively ratify it although later. . During this extra period that they have managed this Tuesday, the Popular Party intends to bring professors, experts and jurists who endorse their rejection of the grace measure to the Senate committees to reinforce their arguments from their fortress in the Upper House, where they have an absolute majority, in addition to include opinions and studies.
They also plan to request a report from the General Council of the Judiciary (CGPJ), with a conservative majority and whose mandate has expired for almost five years, in accordance with the Organic Law of the Judiciary (LOPJ). What the PP could not in any case is stop the processing of the initiative in the Senate Table, according to popular sources in the Upper House, despite the fact that members of the party leadership have hinted that they could make that decision when the text comes from Congress, which is scheduled for February.
—How urgent it is to gather us all here today. To violate the Constitution in an extraordinary plenary session? Return to the Constitution!—said Senator Enric Xavier Morera, from the Confederal Left group, to the popular supporters, who responded from their seats with murmurs and laughter.
—Some initiative that yesterday [este lunes] was presented has overtones of unconstitutionality. It’s worth talking right now about breaking the Constitution when these days we see what we see,” said the PP spokesperson, Eloy Suárez, ironically, referring to the future amnesty law.
The bloc that supports the investiture of Pedro Sánchez has insisted that the PP reform represents the partisan instrumentalization of the Senate and contravenes article 90.3 of the Constitution, which indicates: “The two-month period that the Senate has to veto or amend the project will be reduced to twenty calendar days in projects declared urgent by the Government or by the Congress of Deputies.” According to ruling 97/2002, of the high court, when talking about “projects” of law in the Magna Carta classified as urgent, the proposals of law of the parliamentary groups are also referred to, although they are not expressly mentioned, establishing the preeminence of the Congress when it comes to qualifying a norm, recalled the PNV spokesperson, Estefanía Beltrán, from the rostrum.
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—It is an anti-regulatory and anti-constitutional reform. We will exercise our right to appeal for protection before the Constitutional Court,” socialist senator Manuel Fajardo has warned.
—They intend a constitutional mutation by establishing perfect bicameralism. The doctrine is clear about the prevalence of Congress. What is the problem? The amnesty—added ERC senator Josep Maria Reniu.
Thus, for the groups that have voted against the reform, the PP has carried out “parliamentary filibustering” – as Junts senator Josep Lluís Cleries has indicated – with the sole purpose of hindering the processing of the negotiated amnesty law. by the socialists with the Catalan independence forces for Sánchez’s investiture. “What the socialist parliamentary group is doing with this is politics in capital letters. “We are carrying out an absolutely democratic negotiation,” declared Cleries. With the extension of the amnesty, the leader of his party, Carles Puigdemont, would see his eventual return to Spain without an arrest warrant delayed.
—They bring a sentence [del Tribunal Constitucional] which is irrelevant, like the one cited in the amnesty law. We believe this reform is good. [Los informes y] everything that can help form a reasoned and reasonable opinion, [para que] “Things like the yes is yes law don’t happen,” continued the popular senator Eloy Suárez.
In addition to the obstacles to the amnesty law, the PP introduced two amendments at the last minute to its own proposal to reform the Regulations to force the President of the Government and the ministers to appear in the plenary sessions of the Senate when required. Until now it was only mandatory that they appear in commission. The Popular Party charged against the members of the current acting Executive for not attending last week’s plenary session, which was only attended by ministers who received questions in the control session. The PSOE replied that its presence was not regulated in the Regulations. Hence this change introduced a posteriori.
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