Junts threatens the government with the first major order from the legislature. Its spokesperson in Congress, Míriam Nogueras, announced on Wednesday that Carles Puigdemont's party rejects the decree on the digital transformation of the judiciary approved by the government last week, the first of the current term. The approval of this scheme was one of the conditions imposed by the European Commission for the disbursement of a sum of 10 billion euros of European funds intended for Spain. Junts claims, among other things, that the content of the decree could facilitate the suspension of the application of the amnesty law to those prosecuted under the procedure once it is approved.
The royal decree-law passed last week contained commitments to Brussels for 2023 that were still outstanding due to the early elections. It was dependent on his approval before December 31 that Spain could collect the fourth batch of Next Generation funds. Therefore, the executive decided to park the laws in which they were to be incorporated and to regulate these measures through two royal decrees – the processing of which is faster – one approved before the elections and another on Tuesday December 19th. The latter is the decision that Junts now threatens to vote against, a decision that, according to Nogueras, has already been communicated to the PSOE.
The decree is already in force and now the government has a month from its publication in the BOE for Congress to validate it. If the necessary support does not materialize, the rule would be automatically lifted, which would be the most plausible hypothesis in the event that the Catalan independence movement carries out its threat.
This is one of the various reasons why we will tell the PSOE that we will vote against the royal decrees. In addition, they are also important for Catalonia:
In addition to Article 43bis, which poses a risk to the application of the amnesty, these RDs include:
🧵 https://t.co/Vl4G7dvKIl— Miriam Nogueras 🎗 (@miriamnoguerasM) December 27, 2023
The provisional regulation includes digital and procedural efficiency measures that are already widely used in common court practice in many cases, but for which there has so far been no regulation as Europe had requested. In one Message posted to your social network accountNogueras justifies his rejection on various aspects, such as the fact that the decree encroaches on the powers of the Generalitat or provides for changes to the public justice system “without allocating resources for this”. The Junts spokeswoman also points to a frequent criticism of the royal decrees by factions, including the executive's parliamentary allies: she calls their “Macedonian” character, that is, that they contain a large number of measures without any thematic connection.
But Nogueras' main objection centers on the only article he specifically quotes in his tweet, 43 bis, which, he claims, “jeopardizes the application of the amnesty.” This article stipulates that when a court submits a preliminary ruling to the Court of Justice of the European Union (ECJ), it must automatically suspend proceedings on that case until the European judicial system finds a solution. Furthermore, he adds that if a judge has a matter on the table that could be affected by a preliminary question from another court, he may also choose to leave the ECJ's decision in abeyance if he does so ECJ decision considers “necessary” Until an answer. The European authority. This means that if, as is foreseeable, one of the courts that must apply the amnesty turns to the ECJ to clarify whether the law respects Community law, the grace period cannot be fully applied until the European judiciary answer gives. Junts leader Carles Puigdemont, who has been on the run in Belgium since 2017, is one of the main potential beneficiaries of the amnesty.
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In practice, this article of the Decree-Law does not change anything, because even if this issue has not yet been regulated in a specific norm, the jurisprudence is well established in both European and Community law and the courts always leave the matter pending if there is a preliminary question is made that concerns you. This suspension is also contained in Article 23 of the Statute of the ECJ and was applied, for example, in the euro order against Puigdemont and the rest of the independence leaders who escaped Spanish justice, which has been suspended for months. The Supreme Court asked a preliminary question. It is also common case law that judges who have matters on the table that another colleague has asked the ECJ to consider will put the proceedings on hold. But all of this jurisprudence has not yet been reflected in a Spanish law.
This article was included in the procedural efficiency bill, which passed the filter in the Congressional Judiciary Committee last legislative session without being challenged by Junts or any other group. Puigdemont's party objected to all the measures included in the standard adopted last week being regulated by a royal decree, which is why the government has committed to treating it as law once validated. Socialist sources expressed confidence this Wednesday that the validity of the royal decree is not at risk and that all these objections will be resolved with junts in order to avoid the serious loss caused by the repeal of the norm in Congress and the consequent loss of 10,000 million would bring with it. Euro of European funds.
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