Aleix Mercader, 5 January 2024
Junts’ spokesperson in Congress, Míriam Nogueras EDUARDO PARRA EUROPA PRESS
The party of Carles Puigdemont considers that the omnibus decree includes a clause that puts at risk the application of the amnesty.
Junts per Catalunya has reaffirmed that it will vote against the government’s omnibus decree because, in its opinion, it “endangers” the application of the amnesty law. After the meeting held yesterday in Barcelona between the secretary general of Junts, Jordi Turull, and the secretary of organization of the PSOE, Santos Cerdán, the party of Carles Puigdemont has confirmed that it will overturn one of the first measures of the Executive that will be put to a vote next week.
According to the post-Convergencia members, the inclusion of a clause in the decree law 6/2023, on justice, civil service, local government and patronage, which would allow the Supreme Court to raise a preliminary question before the Court of Justice of the European Union (CJEU) threatens the amnesty for the convicts of the ‘procés’.
Clause of discord
Specifically, this article, which reforms the law on criminal prosecution, states that “the order of the preliminary ruling before the Court of Justice of the European Union shall suspend the proceedings until the decision of the Court of Justice of the European Union deciding the preliminary ruling or the withdrawal of the preliminary ruling is recorded in the case file”.
Although this is common practice in Spanish courts, the pro-independence partners are unwilling to back a text that includes this change in the law. But the post-Convergencia members will not give in. Not even with the argument that a decree can be validated in the lower house to be amended later as a bill.
Junts maintains its ‘no’
Moreover, Junts also opposes decree 7/2023, referring to employment subsidies and conciliation measures, which must be voted on together with the omnibus decree, considering that it invades autonomous competences and does not guarantee the financing of the Catalan courts.
The most likely outcome is that if the government does not correct both decrees in the direction requested by Junts, it will lose the first vote it faces in parliament.