The Court of Justice of the European Union (CJEU), the bloc's highest judicial body, ruled on Thursday that Spain's controversial law granting amnesty to those involved in Catalonia's 2017 separatist referendum does not contravene European Union rules. This decision aligns with the Spanish government's long-held position that the amnesty is consistent with EU laws concerning the scope and limits of member states' powers when issuing political amnesties.
CJEU judge Koen Lenaerts clarified the court's stance, stating, "The court finds that the Spanish amnesty law concerns a field which falls within the competence of Member States." This indicates that the decision was within Spain's national jurisdiction, not requiring deference to EU authorities in Brussels. Another CJEU judge, in delivering the verdict, added that the court "does not oppose a law which, in order to reduce institutional and political tensions and facilitate a process of reconciliation, provides for the extinction of criminal liability." Spain's Constitutional Court had previously also supported the law.
Spanish Justice Minister Felix Bolanos welcomed the ruling, asserting that there could now be "no doubt" about the amnesty's compliance with EU law. In a televised statement on Thursday, he acknowledged that the amnesty had been "strongly" rejected by segments of the population at the time but maintained that "it has been worth it." Bolanos further suggested that the amnesty's positive effects in normalizing Catalonia's political situation meant that "nobody, not even its most staunch critics, would want to give up its benefits."
The amnesty law, which was cleared by Spain's parliament in 2024, had faced significant opposition protests following the 2023 elections. The conservative People's Party (PP), the largest single party in Spain's parliament and leader of the opposition, had argued against pardoning what Madrid authorities had labeled a "terrorist attempt at sedition," despite it being carried out through peaceful political means.
The wealthy northeastern region of Catalonia, with Barcelona as its capital, has a longstanding independence movement. In 2017, its regional government defied authorities in Madrid by holding an independence referendum. Despite being declared illegal by Spain's constitutional court and facing police efforts to detain regional politicians and seize materials like ballot papers and ballot boxes, the vote proceeded in most of the region on October 1. Opponents of the motion deemed the plebiscite illegitimate and called for a boycott. Among those who participated, 92% voted for secession, though only 43% of eligible Catalan residents cast a ballot.
The amnesty specifically covers individuals found guilty of "terrorist" acts related to the secession movement, provided these acts were non-violent and did not infringe upon human rights. However, Carles Puigdemont, who was the leader of the Catalan government at the time, still lives in self-imposed exile in Belgium and does not reside in Spain, unlike other Catalan politicians covered by the amnesty. He faces a separate charge of embezzlement, which is not currently within the amnesty's scope. Spain's Constitutional Court is expected to rule in the coming months on whether the amnesty should extend to this case. Puigdemont continues to retain support in some Catalan circles, even as polls suggest that support for independence in the region has somewhat waned since the 2017 referendum attempt. Another general election in Spain is scheduled for 2027.
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