The tension generated in Spanish politics by the proposed Catalan amnesty law landed with a loud thump this Wednesday in the European Parliament. For almost two hours, defenders and detractors of the amnesty scrapped with each other in an almost empty Strasbourg chamber. On the one hand, the representatives of the Spanish Socialists (PSOE), reinforced by the MEPs of left-wing Podemos and United Left (IU), who support the government of Pedro Sánchez, along with forceful interventions by the Catalan pro-independence parties and the Basque nationalists. On the other hand, the attacks from the Spanish People's Party (PP), with resounding support from the president of the European People's Party (EPP) group, Manfred Weber, but also accompanied by a warning from commissioner Didier Reynders, and an ample representation from Vox, together with different forces from the European right and extreme-right.
The debate, which was held at the behest of the PP, and thanks to the support of the European Liberal group (which includes Spanish party Ciudadanos, Cs) and the Conservatives and Reformists (which includes Vox), had been given the revealing title of "Threat to rule of law as a result of governmental agreement in Spain". The expectations raised among the Spanish MEPs over the last few days led to the chamber's Bureau asking, even before starting, that the rules and "the dignity and reputation" of the European Parliament be respected.
Speaking on behalf of the European Council, Spain's undersecretary for foreign affairs, Ángeles Moreno, made no secret of Spain's irritation about the holding of a debate on a law that has not yet been passed by Congress and that, once debated in the Spanish chamber, will be reviewed by the Constitutional Court and applied by Spanish judges. Moreno asserted that it was a debate on Spain's internal affairs, and warned that using the defence of the rule of law for a partisan battle could end up harming these values.
The Commission, to follow the issue closely
EU justice commissioner Didier Reynders warned that it is more necessary than ever to defend democracy and the rule of law in the EU; and was critical of the fact that in the last two years the Commission's report on the Rule of Law in Spain has referred to issues such as the paralysed renewal of the chief judicial governance body, the General Council for the Judiciary (CGPJ), and the need to improve the procedure for appointing judges, a recommendation that has not been acted on.
In relation to the agreement between the PSOE and Together for Catalonia (Junts), which allowed the formation of the new Pedro Sánchez government and includes the amnesty on Catalan independence process prosecution, as well as the creation of commissions of inquiry in Congress, Reynders explained that he had written to two Spanish ministers asking for explanations, and that he has received a reply from presidency minister Félix Bolaños underlining the Pedro Sánchez government's commitment to dialogue. "Nevertheless, there have been many complaints from citizens and different groups expressing concern about whether this law respects the separation of powers and the rule of law," he said. Therefore, despite insisting that the EC maintains its position on Catalonia, which "remains an internal matter for Spain", he explained that he is studying the text of the amnesty law carefully, to check that it is adapted to the legislation, fundamental values and the Treaty of the Union. "I can assure you that the Commission will follow this issue very closely", he stated.
PP: "Pact with a fugitive"
The speaking turns of the different parties were opened by the president of the EPP, Manfred Weber, who reported the CGPJ's statement on the amnesty, as well as the demonstrations that have been taking place in Spain and the statements of former Spanish president Felipe González. "People in Spain expect a Europe that defends the rule of law," warned Weber, who did not hide his support for Alberto Núñez Feijóo in front of Pedro Sánchez and diagnosed that "sooner or later" the Spanish PP leader will reach power and will be remembered as a prime minister who "defended and saved the rule of law in Spain".
From the Spanish PP, Dolors Montserrat denounced a "dismantling" of democracy in Spain due to the pact between Sánchez and a "fugitive from justice". She affirmed that the amnesty ends equality before the law, judicial independence and creates first and second class citizens. She accused Sánchez - "only his lack of scruples and his opportunism are greater than his deception" - and denounced that he has agreed to "a lawfare pact that turns judges into criminals and criminals into judges". Montserrat called on Europe to listen to Spain and to act: "Don't allow Sánchez to turn Spain's European dream into a populist nightmare." Fellow PP representative Javier Zarzalejos denounced that the amnesty will erase crimes, including "Russian interference", and that it does not promote re-encounter but a serious schism in Spanish society.
PSOE: "The PP oozes frustration"
The leader of European Socialists and Democrats group, the PSOE's Iratxe García, countered that the real threat to Spanish democracy is "not accepting the results of the elections"; she criticized that the PP boasted of defending the rule of law and at the same time has blocked the renewal of the CGPJ and that it was under a PP executive that Spain's so-called 'patriotic police' brigade was created. She accused Weber of lying and the PP of embracing the extreme right in a "mimicry that is devouring them". "PP and Vox are incapable of defending Spain, but there is no turning back. We will be the party that restores coexistence between Catalans and between Catalans and the rest of Spain," she said.
From the Socialist ranks, the Catalan Javi López also spoke, asserting that the right and the far-right have instrumentalized the European institutions because they have been unable to accept the result of the last elections, and attributed Weber's forcefulness to partisan interests, because he was expecting a right-wing government in Spain.
Likewise, in a heated address, former Socialist minister Juan Fernando López Aguilar linked the PP's initiative to promote this debate to its inability to get into the Moncloa government palace. He affirmed that there is no threat to the rule of law in Spain, except for the filibusterism of the PP that has changed the rules of the Senate to slow down the processing of the amnesty bill. "What I say to the PP is don't vent your frustration to the point of fueling the anger of those who demonstrate in front of the Socialist headquarters with swastikas and Nazi salute," he exclaimed.
Junts and ERC
The exiled pro-independence MEP Toni Comín spoke on behalf of Junts, addressing Weber directly to remind him of what happened in 2018 when German courts had to decide on the status of Carles Puigdemont. As Comín explained to the EPP leader, in a case which in Spain led to nine-year prison sentences for leaders, Weber's judicial compatriots ruled that there was no rebellion, no sedition and not even a crime of public disorder, but there was an exercise of fundamental rights. "The amnesty law is not an attack on the rule of law, the attack is in the abuse of criminal law by the judges of the Spanish Supreme Court and the Trumpist drift of the PP in the hands of Vox. And you are accompanying them on this trip", he reproached the European conservative leader.
The Catalan Republican Left (ERC) representative, Jordi Solé, asked where the concern was for the rule of law when Catalan citizens were beaten, or when judges imposed 9 years in prison on democrats, or when they spied on the mobile phones of politicians and journalists. "Indeed, everything for the homeland, even the sewers", he exclaimed - in reference to the dirty war against Catalan independence carried out by the patriotic police, among others. "Reasons of state", he asserted, could be used to cover up everything. Solé concluded that it will be demonstrated that the amnesty "is attempting to repair a democratic failure", and warned that what should concern the European chamber is that Nazi symbols have been on show in demonstrations these days, with racist and sexist insults chanted.
His fellow MEP from ERC, Diana Riba, asserted that the amnesty will not end the conflict between Spain and Catalonia, but it will allow the substance of the issue to be addressed on an equal footing. The Basque Nationalist MEP Izaskun Bilbao also defended that amnesty favours negotiation and agreement, and is an alternative to the tribal "let's get 'em" attitude.
One of the most powerful addresses was made by Manu Pineda, of the left-wing IU, who explained that the problem in Spain is that the right has no democratic principles and has "hijacked" the judiciary for five years. Pineda also warned about the nightly demonstrations outside the PSOE headquarters in Madrid: the demonstrators, he said, "giving fascist salutes and singing the Francoist hymn Cara al sol, are calling for a coup d'état, for civil war between Spaniards, and you are neither democrats nor patriots," he denounced, addressing the PP representatives.
From Podemos, Eugenia Rodríguez Palop defended the amnesty and railed against the PP's abuse of justice. "They think they can use judges at their will," she criticized.
Vox: "Coup d'état"
Jorge Buixadé, from far-right Vox, called Sánchez a pathological egocentric who has turned Spain into an area of impunity where "the criminal is rewarded and the victim is humiliated"; he read a litany of "crimes committed by pro-independence people who will not be able to be tried" after they "assaulted" the rule of law; and denounced that "an amnesty law has the devastating effect of preventing judges from judging". "It is a coup d'état, so much so that Sánchez has gone so far as to change Congress's lawyer in order to have an ad-hoc report. Stalin would be proud of Sánchez, we despise him", said Buixadé, who described the Calle Ferraz protests in Madrid as a symbol of citizen resistance. He called for permanent mobilization.
Ciudadanos MEP Adrián Vázquez spoke on behalf of the Renew group. "Today where before we used to say 'Poland and Hungary', now we say 'Spain'", he denounced, warning that the rule of law is being attacked in Spain, asserting that "to cling to power, Sánchez is handing over the government to a fugitive from justice" with a custom-made amnesty. Vázquez urged Reynders not to give up.
The debate was so heated at times that it even led to a confrontation between Portuguese MEPs. The Socialist Pedro Marques denounced that Weber had "disrespected Portugal" with his intervention and recalled that prime minister Antonio Costa resigned last November 7th to allow justice to function, while Rajoy held on to power until the end, despite court convictions for his party. Marques's speech did not receive a response from Weber, but rather from the Portuguese Democrat Paulo Rangel, who denounced the existence of parliamentary commissions to investigate the judiciary.
Nelson Mandela
The Finnish social democrat Eero Heinäluoma quoted Nelson Mandela to defend the possibility of reconciliation and forgiveness, and recalled that in his country a pardon was approved to seek national reconciliation. "We must respect the efforts of the prime minister of Spain in favour of reconciliation," he stated.
The German Socialist René Répassi criticized the fact that the Commission has been involved in a legislative process before the law is published. "The amnesty law has nothing to do with Community law. It is a common instrument in Europe to solve complicated situations. But the Commission must not get involved," he argued.
The Hungarian Balazs Hidveghi, from Víctor Orban's party, came out in support of the PP and Vox arguments. Hungarian centrist Ilhan Kyuchyuk and Romanian Christian democrat Siegfried Muresan aligned themselves with the PP against the amnesty, while the Italian Nicola Procaccini, from Giorgia Meloni's party, accused socialists and communists of brutally violating the rule of law in exchange for votes. Frenchman Jean Paul Garraud, from Marine Le Pen's party, Rassemblement National, warned that if the law is passed, the Constitutional Court must act and the king should speak out against the separatists.
In total there were almost forty speakers, and two hours of debate, and when all had finished, it was brought to a close without any particular developments.