Draft Democratic Remembrance Law “Already Illegal”


Was Guillermo Rocafort, secretary of the Asociación de Memoria Histórica Raíces and expert on historical memory law, who discovered the anomaly and condemned the events. V Democratic Remembrance Actwhich is already in the final stages of its parliamentary procedure, does not have the opinion of the Council of State although this is one of the organizations that should be consulted.

A Ministry of Justice report signed a year ago by the person in charge of the General Technical Secretariat, Paula Novo, clearly states in the last paragraph of his third section, which includes, inter alia, the views required for processing, page 13, that “in accordance with the provisions of Article 21.2 of the Organic Law 3/1980 of 22 April Council of State, the opinion of the Council of State will be receivedIn other words, “solemn and formal expression of a qualified legal opinion” of the highest advisory body in Spain. The Council of State itself admitted, prior to Rocafort’s inquiry, that “not a single case of the Council of State has come in to rule with this statement. “In this regard, it should be added that the decision of the supreme advisory body was not binding, but was mandatory, therefore, its absence, according to Rocafort, forces the “Government to withdraw” already the bill for “lack of necessary elements for processing.”

For Rocafort, who for some time has been analyzing the “deviations” in the field of historical memory, the law that is “trying to impose” is “Sectarian and ideological” law and at the moment “the bill is already illegal”… “The Council of State would oppose the bill because of the endless number of legal anomalies it entails, as indicated in most of the advisory reports issued, and this was something the government maliciously tried to avoid.” In fact, other official reports criticizing the Draft Democratic Remembrance Law have been drawn up by “various ministries and departments of the state: the Presidium of the Government, the CGPJ, internal affairs, or the professional sector of the prosecutor’s office.”

First exam in Congress

Democratic Remembrance Act you plan to take your first exam today at the plenary session of the Congress. To that end, there will be a debate on the aggregate amendments that have been submitted by both ERC, PP and Vox in an attempt to stop the processing of government text. However, the reasons why the three parties have brought these amendments for consideration as a whole differ significantly. Both PP and Vox only asked to return the project to the executive branch, considering it partial. The ERC, on the other hand, presented an alternative text because it believes that the government’s proposal is insufficient. All of these amendments are expected to be rejected.

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