The Constitutional Court has definitively rejected the appeal filed by the Junta de Extremadura, led by María Guardiola, against Spain’s amnesty law. The ruling closes all 16 constitutional challenges and six related questions raised over the controversial legislation. The European legal context includes a July ruling by the Court of Justice of the European Union (CJEU), which addressed the amnesty’s application to terrorism-related conduct and reinforced the distinction between the EU-law question and Spain’s domestic constitutional proceedings.
In its statement, the Constitutional Court reaffirmed its established position that the Spanish Constitution does not prohibit amnesty. The judges found no evidence of arbitrariness by lawmakers, noting that the law aims to ease political and social tensions stemming from the Catalan independence process. The court also clarified that the legislation does not infringe on judicial authority or violate the principles of separation of powers or legal certainty. Information from the ruling, the law does not undermine the right to judicial protection and cannot be considered a form of self-amnesty for those involved.
The CJEU’s July ruling stemmed from a preliminary question referred by Spain’s Audiencia Nacional in the “Operation Judas” case involving the Committees for the Defence of the Republic, or CDRs. It considered whether EU counter-terrorism law precludes amnesty for terrorism offences when the conduct does not involve serious, intentional violations of basic human rights. The court concluded that EU law does not preclude a national amnesty law in the relevant circumstances, while leaving the assessment of the defendants’ conduct and the law’s application to the Spanish court. The ruling addressed that specific EU-law question, not the Junta de Extremadura’s constitutional challenge.
On 23 October, the Audiencia Nacional applied the CJEU’s interpretation and ordered the terrorism proceedings against 12 CDR defendants closed, finding that the amnesty law had extinguished their criminal responsibility. The order puts the European ruling into practice domestically, but does not resolve every dispute over the law’s scope. Popular prosecutors reportedly had 10 days to appeal the decision before the same court, with a possible subsequent appeal to the Supreme Court.
The Extremadura challenge has been resolved, but the Constitutional Court’s work on the amnesty issue continues. Seven appeals for constitutional protection remain pending, all submitted by Catalan independence leaders who were denied amnesty by the Supreme Court. The Supreme Court found that the amnesty law does not cover the specific charges of misappropriation of funds attributed to these individuals. The first appeal, filed by Jordi Turull, is scheduled for deliberation by the Constitutional Court’s full bench on September 22, after the summer recess. The outcome is expected to set a precedent for the remaining appeals, including those from Oriol Junqueras, Raül Romeva and Dolors Bassa, as well as leaders currently outside Spain, such as Carles Puigdemont, Toni Comín and Lluís Puig.
The appeals are complicated by the assignment of the Turull case to conservative judge José María Macías, known for his critical stance on the amnesty measure. If the court’s majority disagrees with his draft ruling, it will appoint a new rapporteur, potentially delaying the final decision until October. The doctrine established in these rulings will likely guide the Supreme Court’s approach to similar cases. Otherwise, the Constitutional Court may have to address each appeal individually.
The latest development comes amid ongoing legal and political disputes over the scope and application of the amnesty law. Further legal action has followed: Oriol Junqueras and other former Catalan officials challenged the Tribunal de Cuentas for allegedly disregarding the EU’s position on the amnesty, as detailed in a recent report on the ongoing legal battles involving Catalan leaders. The Constitutional Court’s decisions in the coming months are expected to have impressive implications for the amnesty law and its impact on Spain’s political field.
The Spanish government introduced the amnesty law in response to the prolonged crisis triggered by the 2017 Catalan independence referendum and subsequent legal actions against its organizers. It aims to address the legal consequences for those involved in the independence movement, but its scope and limits remain intensely debated. The Constitutional Court’s latest ruling provides legal clarity on the law’s constitutionality. Its practical effects will depend on how the remaining appeals are resolved and how the Supreme Court implements the court’s guidance. The proceedings, alongside the separate CDR case, underscore the challenge of reconciling political reconciliation with national unity and judicial independence in Spain.
