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Thursday, Apr 10, 2025

Cándido Conde-Pumpido Anticipates Resolution of Amnistía Law Challenges Before Summer

Cándido Conde-Pumpido Anticipates Resolution of Amnistía Law Challenges Before Summer

The President of Spain's Constitutional Court outlines progress on amnesty law appeals amid ongoing political tensions.
Cándido Conde-Pumpido, President of Spain's Constitutional Court, stated on April 7, 2025, that the court aims to resolve the first appeal against the recently enacted Amnistía law within the first year of its implementation, specifically before the summer months.

This announcement was made during a discussion at the Desayunos del Ateneo event, attended by several journalists, including Lola García and Jesús Maraña.

Conde-Pumpido noted that the first challenge under consideration is the appeal filed by the People's Party (PP), among a total of 16 appeals that also include six constitutional questions stemming from the Supreme Court, the Superior Court of Justice of Catalonia, and the Provincial Court of Madrid, alongside eight amparo appeals.

He remarked that the Supreme Court is still in the process of resolving certain appeals that could lead to further submissions to the Constitutional Court.

The President highlighted that the Constitutional Court has received 80 recusals related to this matter, most of which are nearly resolved, although they have caused delays in proceedings.

He confirmed that the preliminary report assessing these cases is being prepared by the court's Vice-President, Inmaculada Montalbán, and is at an advanced stage of study.

"We must respond with a well-reasoned ruling, upholding what is appropriate and dismissing what is not," he stated.

Conde-Pumpido refrained from speculating on potential repercussions should the Supreme Court refer a preliminary question to the Court of Justice of the European Union after a ruling is issued.

"When we reach that bridge, we will cross it; I cannot respond to hypothetical queries," he said.

Additionally, he reviewed the Constitutional Court's record since the initiation of the political crisis known as the 'procés' in 2017, noting that over a hundred amparo appeals have been adjudicated.

He emphasized that both the Constitutional Court and the Supreme Court have carried out their judicial responsibilities since the application of Article 155.

According to him, these decisions were key to resolving the situation peacefully.

Conde-Pumpido also addressed recent developments following the Provincial Court of Seville's decision to approach the Court of Justice of the European Union regarding the Constitutional Court's ruling on the ERE case in Andalusia.

He confirmed the court's respect for the autonomy of any judicial body seeking to make determinations and noted that an internal debate took place concerning how this preliminary question might impact the court's future proceedings.

The President underscored that the rulings of the Constitutional Court hold the status of res judicata, although he acknowledged the need to wait for a response from the Court of Justice of the European Union.

In his remarks, he expressed concerns regarding criticism from political leaders and the media regarding the court's rulings, emphasizing that all public authorities are subject to the Constitutional Court, which operates under the framework of Spain's supreme legal document, the Constitution.

He reiterated that the court has the extraordinary power to annul laws and stated, "The court should not seek applause nor fear criticism, as every decision will invariably draw both responses.

It is the power that must submit to reason, not the other way around." Furthermore, he called for a renewed institutional respect that, he lamented, is often found lacking.
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