In Madrid, the Constitutional Court of Spain has begun considering an appeal from Carles Puigdemont, leader of the Junts party, regarding the refusal to extend the amnesty law to charges of embezzlement of public funds. The discussion started at the court’s first session after the summer recess.
At the same time, the judges rejected a motion for the immediate lifting of the arrest warrant issued by the Supreme Court. Puigdemont’s defense argued for the urgency of this measure so that the politician could enter Spain without hindrance, but the court found no grounds to grant it without first hearing from the other parties involved.
If the emergency request is denied, Puigdemont’s lawyers have suggested considering the possibility of temporarily suspending the warrant as an interim measure. For this, the court will need to seek the opinions of the prosecutor’s office, state representatives, and the Vox party, which took part in the criminal case against the Catalan leaders.
It is expected that the Constitutional Court will consider this second option and begin the process of gathering the parties’ positions. A ruling on the substance of the issue may be made at one of the upcoming sessions. However, according to court sources, the likelihood of this request also being granted is extremely low. Judges point out that Puigdemont voluntarily left Spain almost eight years ago and has not returned since.
In its appeal, Puigdemont’s defense contests the Supreme Court’s position, which refused to apply the amnesty to the embezzlement case, considering such application to contradict the will of parliament. According to the lawyers, lifting the arrest warrant is essential to uphold the principles of parliamentary democracy enshrined in the country’s Constitution.
The complaint also argues that the courts’ actions violated Puigdemont’s right to effective judicial protection, since, in the defense’s view, the amnesty should also cover the embezzlement charges. It further highlights that the current warrant hinders Puigdemont’s political activity and prevents him from fulfilling his duties as a deputy in Catalonia on an equal footing with other elected officials.
The case has been assigned to Judge Laura Díez, representing the court’s progressive wing.
Alongside Puigdemont’s case, the Constitutional Court is also reviewing similar appeals from Oriol Junqueras and former Catalan government ministers Raül Romeva, Jordi Turull, Dolors Bassa, Lluís Puig, and Toni Comín.
The court plans to issue rulings on these cases by the end of the year or in early 2026. Judges intend to wait for the European Union Court of Justice’s verdict on complaints filed against the amnesty law by the Court of Auditors and the National Court. This verdict is expected to be published in November.
If the European court finds that the law does not violate the EU’s financial interests and complies with the fundamental principles of European law, and the Constitutional Court of Spain upholds Puigdemont’s complaint, the Supreme Court may reconsider lifting the warrant for his arrest.
At the same time, it is possible that the criminal chamber of the Supreme Court, which handled the Catalan leaders’ case, will appeal to European institutions with a new request before a final decision is made regarding Puigdemont’s case.
Additionally, this month the Constitutional Court will examine whether the amnesty law complies with the Constitution, as raised by the Supreme Court. The court is expected to partially uphold the complaint, recognizing that the amnesty should apply not only to independence supporters but also to their opponents, if the offenses are related to events surrounding the Catalan process. Previously, the court had already indicated that the application of the law remains within the judiciary’s authority and does not violate the separation of powers.
