Critics of the decision to report Spain to the European Commission argue that it represents an inappropriate attempt to pressure the judiciary and undermine the separation of powers. They maintain that the application of the amnesty law is a matter for the Spanish courts, which must interpret the law according to the constitution and existing legal precedents. By seeking to involve European institutions in a domestic legal dispute, the petitioners are accused of trying to politicize the judicial process to achieve a favorable outcome.
Opponents of this move emphasize that judges have a duty to interpret the law independently, regardless of the political pressures exerted by the government or the parties involved. They argue that the questions raised by judges regarding the misuse of public funds are legitimate legal concerns that cannot be simply waived away by a political amnesty. From this viewpoint, the judiciary is performing its essential role as a check on executive power, ensuring that the law is applied fairly and consistently.
There is also a concern that this move sets a dangerous precedent for the European Union. Critics warn that if the European Commission begins to intervene in the specific application of national laws by domestic courts, it could infringe upon the sovereignty of member states. They argue that the European Union should not be used as a tool to bypass national legal systems whenever a political actor is dissatisfied with a court ruling. This perspective stresses that the rule of law requires respect for the independence of judges, even when their decisions are unpopular.
Ultimately, those who criticize the complaint believe that the issue should be resolved within the Spanish legal framework, through the established appeals process. They argue that the attempt to internationalize the conflict is a strategic maneuver designed to gain political leverage rather than a genuine pursuit of justice. By focusing on the European Commission, the petitioners are seen as avoiding the rigorous legal scrutiny of the Spanish courts, which are tasked with ensuring that the amnesty law complies with the constitution.