The interim president of the General Council of the Judiciary (CGPJ), Vicente Guilarte, will convene an extraordinary plenary session – which is expected to be held next Monday afternoon – to debate the proposal of eight members of the conservative wing to issue an institutional declaration against the future amnesty law that will benefit promoters and participants of the ‘procés’, according to what sources from the governing body of the judges have indicated to Europa Press. Guilarte’s decision will take place after yesterday, November 1, eight of the 16 members of the Council asked him to convene an extraordinary plenary session to agree on an institutional declaration expressing the body’s “intense concern and desolation” over the amnesty law that the PSOE is finalizing with ERC and Junts, within the framework of the negotiations for the investiture of Pedro Sánchez as president of the Government. For the institutional declaration to go ahead, the votes of at least 9 members are necessary. To begin with, it will have the approval of the 8 signatory members of the conservative wing and, according to the sources consulted by Europa Press, with the refusal of the 6 members of the progressive sector. The mystery then rests on two members also identified with the conservative bloc: Guilarte himself and member Wenceslao Olea who, according to some voices, could choose to abstain. CGPJ sources maintain that the progressives’ refusal would be en bloc, given that they consider that it is a political statement and not an institutional declaration. Likewise, they emphasize that these members understand that it is not the right time either since there is still no law on the table. The same sources emphasize that there is no precedent for a declaration of this type to be requested without having presented a bill. They assure that until now the CPGJ has only spoken when it had already registered a text in Congress. And, in addition, they remember that the Council only has powers to make reports on draft laws and has no control over the initiatives and agreements of the parliamentary groups. There are voices from the progressive sector who believe that its six members should not even appear at the Extraordinary Plenary Session because they believe that the CGPJ does not have the power to address an institutional declaration without there being any text on which to rule. If so, there would not be sufficient quorum for the meeting to take place. THE REQUEST OF EIGHT The debate will take place at the request of the members Carmen Llombart, José Antonio Ballestero, Francisco Gerardo Martínez-Tristán, Juan Manuel Fernández, Juan Martínez Moya, José María Macías, Nuria Díaz Abad and María Ángeles Carmona. All appointed at the proposal of the Popular Party. In their text, to which Europa Press had access, the conservative members assured that the amnesty law will have “degrading” effects for the country, “if not abolishing the rule of law in Spain.” They also insisted that when the amnesty is applied to those prosecuted for the ‘procés’ the Rule of Law in Spain “will become a mere formal proclamation that will inevitably have to produce consequences to the detriment of the real interest of Spain.” The signatories assured that they had observed “with growing concern” the statements made by the pro-independence parties regarding this measure in recent weeks. And they expressed their fear that this will affect not only the events related to the 2017 referendum but also other previous ones, among which there would be “crimes of corruption”, and also later, committed “to oppose the legitimate action of the State to bring their perpetrators to justice.” These members indicated that at first they chose to maintain an “attitude of cautious expectation” while these statements were not supported by the acting President of the Government but, after Sánchez’s statements last Saturday before the Federal Committee of the PSOE, confessing that the amnesty is necessary to achieve support for his investiture, they considered a statement from the CGPJ necessary. In their writing, the signatories expressly denounced that the law is going to be agreed with parties such as Junts, “led by a fugitive from justice who will personally benefit from the measure”, in reference to former Catalan president Carles Puigdemont. And they charged against Sánchez for arguing that the amnesty will be adopted in the “interest of Spain” to “prevent an eventual government of right-wing parties in the event of a repeat election.” “Confusing the ‘interest of Spain’ with the interest of the acting President of the Government to avoid the hypothetical formation of governments of parties with an ideology different from his is something manifestly incompatible with political alternation,” they warned. Furthermore, they pointed out that this measure “violates the independence of the courts in its most basic aspect.” Finally, they warned that the amnesty not only violates the Constitution but also articles 2 and 19 of the Treaty of the European Union “so that the principles of the rule of law and judicial independence prevail at all times.” “The risk that the moment will come in which the European Union decides not to be the alibi of a State that does not comply with its principles should be very present, at this critical moment, in the anticipation of those who really intend to act in the ‘interest of Spain'”, concluded the members’ brief.