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What it is

Bill proposes voiding Spain's 1977 Amnesty Law

Admitted step 2 of 7 · Unfinished

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 Confederal de Unidos Podemos-En Comú Podem-En Marea.

Official title: Private member's bill declaring the nullity of Act 46/1977, of 15 October, on Amnesty.

Follow this law

Source: Congreso de los Diputados, file 122/000141· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would declare the 1977 Amnesty Law (Law 46/1977, of October 15) null and void, arguing that some of its articles violate International Law on the prosecution of crimes against humanity.
  2. It would declare, with full legal effect, that sentences handed down by Francoist courts that imposed punishments violating Human Rights are null, and would also annul all their legal consequences.
  3. The nullity of the Amnesty Law would not affect the active and passive rights that law had recognized.
  4. The Government would support claims by citizens, organizations or institutions over crimes committed during the Franco dictatorship, given that crimes against humanity do not expire over time.

Who it affects

  • People seeking to investigate, prosecute and repair the crimes of the Franco regime: The obstacle posed by courts applying the Amnesty Law would be removed.
  • People sentenced by Francoist courts, and their families: Sentences violating Human Rights would be annulled, along with all their legal consequences.
  • The Government: It would have to support claims over dictatorship-era crimes and could issue the rules needed to apply the law.

Words worth knowing

Ley de Amnistía (Amnesty Law)
A 1977 law that pardons certain crimes committed before its approval, including those by authorities and public order officials.
Nulidad (nullity)
A declaration that a law or sentence has no legal value, as if it had never existed.
Crímenes de lesa humanidad (crimes against humanity)
Very serious crimes committed systematically against the population, such as torture or persecution. According to the text, they never expire over time.
Proposición de ley (bill)
A text in the form of a law introduced by a parliamentary group for processing in Congress. It is not an approved law.

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 unfinished.

  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
Dec 2017Mar 2018Jun 2018Sept 2018Dec 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 05/03/201966. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

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.

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