In a significant development within Spain's judicial landscape, the Constitutional Court has decided to remove conservative magistrate José María Macías from participating in the deliberations on the contested amnesty law.

This decision follows a request from the Public Prosecutor's Office stemming from Macías's prior involvement in an advisory capacity that criticised the legislation.

His recusal marks a shift that amplifies the influence of the court's progressive faction.

José María Macías, a recent appointee to the Constitutional Court and member of its conservative bloc, was involved in drafting a report by the General Council of the Judiciary, where he served as a member prior to his current role.

The report, requested by the Senate, challenged the constitutional validity of the amnesty law, asserting that it was purposefully omitted from the constitutional framework.

The legal proceedings began after a motion of unconstitutionality was lodged by Spain's Supreme Court regarding the amnesty law, which had been enacted on June 10. The court's ruling was informed by Macías's earlier actions in the General Council of the Judiciary and his potential prior exposure to the matter, which could compromise his impartial stance.

The rejection of the magistrate's involvement was advanced by the Public Prosecutor, led by Attorney General Álvaro García Ortiz, and supported by the State Attorney.

Despite recommendations for self-recusal, Macías argued in defense of his neutrality, stating that his previous actions did not impact his impartiality.

This recusal has drawn attention to the expanding role of the progressive judges in the Constitutional Court.

The legal reasoning detailed in the court's conclusion emphasized that Macías's participation in the prior report constituted an indirect involvement in the issue, thus aligning with the reasons cited for his exclusion from the current proceedings.

Adding a layer of complexity, the resignation follows that of another magistrate, Juan Carlos Campo, a former Minister of Justice, who stepped away voluntarily.

Campo had similarly engaged in constitutional review through prior official acts, notably signing pardons for Catalan independence leaders.

With these changes, the composition of the court now reflects a notable progressive majority—six progressive judges compared to four conservatives.

While the initial rounds of debate will ultimately reveal each magistrate's stance on the amnesty law, the strategic shifts in judicial participation underscore the evolving dynamics at play within Spain's highest court.