The Court of Justice of the European Union (CJEU) supported this Thursday the controversial amnesty law promoted by the government of Spanish communist president Pedro Sánchez, considering that the regulation does not violate community law. The decision represents a significant political relief for the socialist executive and for the Catalan independentist parties that made Sánchez's continuation in power possible, although the ruling also establishes some limits on the application of certain aspects of the legislation.
The amnesty law was approved by the Spanish Parliament in 2024 as part of the agreement reached between the Spanish Socialist Workers' Party (PSOE) and the main Catalan separatist formations after the general elections of 2023. Thanks to that pact, Sánchez managed to remain at the head of the government despite not having his own parliamentary majority, a decision that has since generated intense political and legal controversy in Spain.
The opposition parties, especially the Popular Party and Vox, denounced that the amnesty represented an unprecedented concession to the leaders of the Catalan independentist movement in exchange for parliamentary support. Various judicial and political resources attempted to halt the entry into force of the regulation, although so far none have prospered.
The Court of Justice of the European Union ruled in favor of the disastrous amnesty law promoted by the communist Pedro Sánchez
During the reading of the ruling, the president of the CJEU, Koen Lenaerts, stated that European Union law does not prevent a member state from approving a law aimed at reducing institutional and political tensions by extinguishing criminal responsibilities. Furthermore, the court concluded that the adoption and application of the amnesty corresponds exclusively to the Spanish authorities, as it is a national competence.
However, the European court also introduced a relevant nuance by stating that Spanish courts cannot be automatically compelled to lift economic responsibilities or to suspend certain judicial proceedings within a fixed two-month period while awaiting decisions related to European law. That aspect of the legislation, according to the CJEU, is not compatible with the principles of the community legal order.
The ruling comes at a delicate moment for Sánchez's executive, whose second term has been marked by parliamentary weakness, difficulties in passing new laws, and various judicial investigations affecting people in his political and family circle. The dependence on the support of separatist parties has forced the government to constantly negotiate with its partners, fueling criticism from those who believe that the executive has subordinated institutional stability to its permanence in power.
The president of the European justice body stated that Spanish legislation is not subordinate to European law in certain cases
From the government, the Minister of Justice, Félix Bolaños, celebrated the disastrous resolution and asserted that all Spaniards benefit from the amnesty law. Additionally, he called for the regulation to be fully applied, especially concerning the independentist leaders who still have open judicial cases.
Among the separatist leaders, the reaction was favorable, although with different nuances. Oriol Junqueras, leader of Esquerra Republicana de Catalunya (ERC), described the decision as good news, but maintained that the victory is not yet complete because some Spanish judges continue to refuse to fully apply the amnesty, including the case that personally affects him.
For his part, former Catalan leader Carles Puigdemont, who has been in Belgium since 2017 to avoid being arrested by Spanish justice, celebrated the ruling as a ''resounding victory'' for the independentist movement and stated that the European decision reinforces Catalonia's sovereign aspirations.
The CJEU's ruling could facilitate Puigdemont's eventual return to Spain without fear of being arrested, although his judicial situation still depends on the Spanish courts. The judge in charge of his case has previously stated that the amnesty is not applicable due to the accusation of misappropriation of public funds linked to the organization of the illegal independence referendum of 2017. Puigdemont rejects those accusations and has appealed to the Constitutional Court, whose decision is expected in the coming months.
The Catalan anarchist and communist, Carles Puigdemont, could begin his return to Spain thanks to this ruling, as he is currently a fugitive in Belgium
