The Constitutional Court of Spain (Tribunal Constitucional) has decided not to consider the appeals filed by Oriol Junqueras, Raül Romeva, and Dolors Bassa against actions by the Supreme Court (Tribunal Supremo), which had previously suspended the application of the amnesty law in relation to the crime of disobedience—an offense that replaced rebellion charges in the Catalan procés case. The judges determined that these appeals had become irrelevant, as key legal questions concerning the constitutionality of the amnesty had already been addressed in a previous ruling.
The Supreme Court of Spain had previously ruled not to apply the amnesty to charges of disobedience until the Constitutional Court issued a final decision on whether the law complies with the country’s constitution. Once the Constitutional Court affirmed that the provisions of the amnesty law were constitutional, the complaints filed by Junqueras, Romeva, and Bassa were deemed to have lost relevance.
The official statement from the court notes that its ruling on the constitutionality of the law effectively fulfilled the applicants’ demands. Therefore, their legal interest in continuing to pursue these appeals has disappeared, and any risk of their fundamental rights being infringed has been eliminated.
Impact of the decision on Catalan politicians
Junqueras, Romeva, Bassa, along with former president of the Generalitat Carles Puigdemont and other representatives of the Catalan independence movement, continue to challenge in the Constitutional Court the Supreme Court’s refusal to apply the amnesty to malversación charges related to the events of October 1, 2017. These appeals remain under review and could significantly affect both convicted individuals and politicians outside Spain.
According to judicial sources, a final decision on these appeals is not expected before next year. Until then, the fate of several key figures of the Catalan movement remains unclear, and their possible return to politics or release from criminal liability depends directly on the position of the Constitutional Court.
Court’s reasoning and future prospects
In its ruling, the Constitutional Court emphasized that its review of the constitutionality of the amnesty law had already provided a comprehensive response to the petitioners’ claims. The court noted that, having recognized the law as constitutional, further consideration of individual complaints on the same grounds was pointless, since it could not change the petitioners’ legal status.
Nevertheless, the question of applying the amnesty to charges of malversation remains unresolved. This issue could prove crucial for the future of several Catalan politicians, as it will determine whether charges are dropped and, consequently, whether they can return to active political life.
Expectations and possible consequences
Until the Constitutional Court issues a decision on the complaints related to malversation, tension surrounding the Catalan leaders remains high. If the ruling is favorable, it could lead to sentences being reviewed and a change in status for both convicted and exiled politicians.
At the same time, rejecting these complaints could cement the current situation, leaving court decisions regarding key figures in the Catalan movement unchanged. In any case, the Constitutional Court’s final decision will significantly influence the political landscape in Catalonia and Spain overall.
