Revisiting the amnesty, already approved, from the significance of its bill proposal. Or the dilemmas arising from the silence of the Constitution

Abstract

The article analyzes the recently approved Amnesty Law in Spain, focusing particularly on its proposal phase. It examines its legal and political legitimacy, highlighting the absence of explicit authorization in the 1978 Constitution. The text reviews its nature, effects, and compatibility with fundamental rights, pointing to potential conflicts with the principle of effective judicial protection and judicial independence. The author also evaluates legal precedents, the Constitutional Court’s doctrine, and international comparisons, questioning its constitutional and political legitimacy within a context of social and parliamentary divisions. Constitutional alternatives for its implementation are proposed.