The Official State Gazette (BOE) published this Saturday the law on the exchange of criminal records and consideration of judicial resolutions in the European Union. The norm will benefit a quarantine of ETA prisonerswho may be released from prison earlier than expected when the sentences they have served in other countries are taken into account.
Although the Popular Party used its majority in the Senate to reject legal reformLast Tuesday, PSOE and Sumar declared the law definitively approved thanks to their majority in the Congressional Board.
Once this step is taken, the text It was sent directly to the BOE without having to vote on it again in Congress, as the Senate intended after presenting a report from the lawyers of the Upper House.
And the president of the Senate, Pedro Rollán, interprets that rejection implies a veto of the lawso he returned the text to Congress for definitive approval. However, this is an unusual conclusion since a full amendment must have been previously presented, something that no one registered in the Upper House, reports EP.
“A rejection of the text in the Senate by an absolute majority, without a veto or amendments having been presented, is an unprecedented case,” recognizes the text of the Secretary General of the Senate, who points out that “given the lack of precedents and in view of what has been stated by the ruling of the Constitutional Court 97/2002, can be considered in accordance with article 106.1 of the Senate Regulations, as a veto, consequently giving rise to the return of the text to Congress.
The rule had a vote against in the Senate Plenary of the 144 senators of the PP, as well as Vox and UPN, while the PSOE, ERC, EH Bildu, PNV, Junts and the rest of its parliamentary partners voted in favor .
According to this interpretation of the Senate Presidency, The legal reform should not be published in the BOE directly because the text had not been modified during its processing in the Upper House, as was initially believed, and they returned it to Congress to lift that “veto.”
Precisely this has been the main controversy, since the Congress unanimously approved this legal reform, both in the Plenary and in the Commission, and PP and Vox did not react in the Senate until the Association of Victims of Terrorism (AVT) warned that could benefit up to 44 ETA prisoners.
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