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What it is

Proposal so the Amnesty Law does not block trials for Franco-era crimes

Admitted step 2 of 7 · Rejected

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 25 October 2017. Introduced by: Grupo Parlamentario de Esquerra Republicana Grupo Parlamentario Mixto.

Official title: Private member's bill to amend Law 46/1977, of October 15, on Amnesty.

Follow this law

Source: Congreso de los Diputados, file 122/000139· updated 11 Nov

Automatic summary, not yet reviewed

  1. The parliamentary groups behind the bill argue that the 1977 Amnesty Law has become a rule of impunity that has prevented investigating and prosecuting crimes committed by the Franco dictatorship. They therefore propose changing it.
  2. The bill relies on reports from international bodies, such as the United Nations and the Council of Europe, which consider that amnesties blocking prosecution of serious human rights crimes are incompatible with States' obligations.
  3. The bill would add a new paragraph to Article 9 of the Amnesty Law. That paragraph states that the law will not prevent courts from investigating, prosecuting and punishing those responsible for genocide, crimes against humanity, war crimes and other serious human rights violations.
  4. Rules of equal or lower rank that conflict with the law would be repealed. The law would take effect the day after its publication in the Boletín Oficial del Estado (official state gazette).

Who it affects

  • People responsible for genocide, crimes against humanity, war crimes or other serious human rights violations: Could be investigated and prosecuted for Franco-era crimes.
  • Victims of the Franco dictatorship and their relatives: Their right to effective judicial protection would be made easier.
  • Spanish courts (Juzgados y Tribunales): Could investigate and prosecute these crimes, which the current interpretation of the law prevented them from doing.

Words worth knowing

Amnistía (amnesty)
A measure that wipes out crimes and prevents those who committed them from being prosecuted or punished.
Lesa humanidad (crimes against humanity)
Very serious crimes committed on a widespread scale against the civilian population, such as murder or torture.
Tutela judicial efectiva (effective judicial protection)
Everyone's right to go to court and get a fair decision.
Derogar (repeal)
To end the validity of a legal rule.
Proposición de ley (bill)
A text through which parliamentary groups propose a law, which still needs to be debated and passed.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is rejected.

  1. Introduced25 October 2017Someone registers the text in the Congreso.
  2. Admitted6 November 2017The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Oct 2017Nov 2017Dec 2017Jan 2018Feb 201811. 25 October 2017: Presentación22. 6 November 2017: Boletín Oficial de las Cortes Generales Publicación desde 06/11/2017 hasta 10/11/201733. 6 November 2017: Calificación44. 10 November 2017: Gobierno Contestación desde 10/11/2017 hasta 19/12/201755. 19 December 2017: Pleno Toma en consideración desde 19/12/2017 hasta 20/03/201866. 20 March 2018: Concluido - (Rechazado) desde 20/03/2018 hasta 26/03/2018

20 March 2018

How did the plenary vote?

More votes against 94 yes · 245 no

Voted on: Private member's bill by the Esquerra Republicana and Mixed Parliamentary Groups, to amend Law 46/1977, of October 15, on Amnesty.

Source: Congreso de los Diputados, vote 2 of sitting 106· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Vasco (EAJ-PNV), Mixto, Gcup-ec-em and GER. Against, most of Socialista, Ciudadanos and Popular en el Congreso. 4 deputies voted differently from their group.

By province: in 5 most voted in favour; in 45, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 5
  • Against: 45
  • Tie: 2
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
81 against · 3 did not vote
Vasco (EAJ-PNV)5
5 in favour
Mixto19
14 in favour · 4 against · 1 did not vote
Ciudadanos32
32 against
Gcup-ec-em67
66 in favour · 1 did not vote
GER9
9 in favour
Popular en el Congreso134
128 against · 6 did not vote

What happens next

What happens now?

It goes no further. A similar one could be introduced later.

Presented before in:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error