The Democratic Memory Law requires a simple majority to be approved | Spain


ERC's parliamentary spokesman, Gabriel Rufián, spoke in Congress on the 10th.
ERC’s parliamentary spokesman, Gabriel Rufián, spoke in Congress on the 10th.Eduardo Parra (Europa Press)

Despite the tensions, the PSOE and United We Can have managed to agree on the fundamental content of the new Democratic Memory Law, and now they trust that they will have enough support to carry out one of the most symbolic projects of this legislature. The first filter was to agree on a common position, with the 30 amendments agreed by the Government partners, without further delaying the process. Among these amendments, the drafting of a text on the interpretations of the extent to which the current Amnesty Law of 1977 covers was squared. Now, PSOE and Podemos are looking for allies to ensure the approval of the law in the full future in the Congress of Deputies . And the polls and scores are focused on the main parliamentary allies of the investiture, especially ERC, PNV and EH Bildu. The Executive understands that it has room for negotiation and, above all, to add more yeses than noes in the vote of a law that is not organic and that does not require an absolute majority (176 votes) to overcome this parliamentary procedure.

The Government has verified from the beginning of the negotiation of this Democratic Memory Law, which reviews and updates the 2007 Historical Memory Law, that this debate is not minor for ERC. Already then, 14 years ago, ERC and PP voted against the initiative agreed between PSOE, IU-ICV, CiU and PNV and the norm obtained 185 votes in favor compared to 137 against.

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Executive sources predict that the vote will now allow the new law to be endorsed, because they understand that several of the investiture partners will end up supporting it. And there they point to the ongoing contacts with the PNV, but also to the transactions that are being sought with ERC, Bildu, Más País, Compromís and BNG.

PSOE, Podemos, PNV, Más País and Compromís add 164 seats, which would be more than the 154 insurance that will be positioned in the no: PP, Vox, Ciudadanos, Asturias Forum, UPN and Canary Coalition. It could be enough for the Government that ERC, Bildu and BNG abstain.

The PNV has presented five amendments to the project to guarantee the exercise of the right of restitution to individuals of the documents seized due to the Civil War or the right of access to the documentary funds deposited in the public archives. In the Executive they see possible these concessions. ERC has been tougher and has warned that for now they are far away and distrust the “smoke” and “propaganda” that they attribute to the proposal agreed between the PSOE and Podemos on the Amnesty Law. ERC demands the repeal of this law and also that the Franco regime be classified as “illegal” and not just “illegitimate or null” and that mechanisms be enabled to financially compensate the victims of the Franco regime.

Government sources point out that these two demands are not so difficult to accept. They advance that the drafting of an amendment to qualify Franco’s regime as illegal for rising up against the Republic with a coup could be discussed with ERC, and they assure that economic reparation mechanisms are already established in the amendments agreed with United We Can and can be negotiated others with CKD. What is an absolute red line for the PSOE is to touch the Amnesty Law. They will not pass through there in any case, they say in La Moncloa.

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George Holan

George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.

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