Critics of the Amnesty Law raise serious concerns about the separation of powers and the potential erosion of judicial independence in Spain. Many legal experts and opposition figures argue that the law effectively grants the executive branch power to override judicial decisions, which they claim undermines the principle of equality before the law. By attempting to influence how judges interpret the legislation, the government is seen by some as overstepping its constitutional boundaries and exerting undue pressure on the judiciary.
There is also a significant concern regarding the precedent this law sets for the future. Skeptics warn that if political interests can dictate the outcome of criminal proceedings, it weakens the credibility of the entire legal system. The fact that the Supreme Court and other judicial bodies have been hesitant to apply the law without further clarification from European courts suggests that there are genuine, objective legal doubts about its constitutionality. Critics argue that these doubts should be addressed with transparency rather than by criticizing the judges who raise them.
Furthermore, opponents highlight the risk that the amnesty may not actually resolve the political conflict but instead embolden those who seek to challenge the constitutional order. They argue that true reconciliation cannot be achieved by bypassing the law, but only through adherence to the established constitutional framework. For these critics, the focus should remain on upholding the rule of law, ensuring that all citizens are treated equally regardless of their political affiliations or the political needs of the ruling party.