The Constitutional Court's progressive majority is expected to reject conservative magistrate José María Macías's draft upholding the Supreme Court's refusal to grant amnesty to Carles Puigdemont and other Catalan leaders. Macías, a vocal opponent of the amnesty law, argues that those convicted in the ‘procés’ should not receive amnesty if they personally benefited from misusing public funds. Information from EFE, his draft closely follows the Supreme Court's view that amnesty does not apply when the court finds personal gain from public resources.
The draft is unlikely to stand. The Constitutional Court's progressive majority is expected to reject Macías's proposal at the plenary session scheduled for September 22, 2026, with Jordi Turull's appeal as the first test case. Several Spanish media outlets, citing court sources, report that the progressive bloc plans to dismiss the draft and appoint a new rapporteur, a move that would signal a shift in how the amnesty law is interpreted.
The Supreme Court has indicated that it will wait for the Constitutional Court's decision on Turull before making final determinations on amnesty for Puigdemont and Junqueras. Late October is seen as a basic timeframe for next steps.
Macías's draft argues that the benefit included avoiding personal expenses as well as increasing personal wealth. The text claims that public officials kept their own assets intact, while ordinary citizens who donated to the cause lost money. The proposal frames this as personal benefit that would justify denying amnesty. This reading lies basic to the dispute: the Supreme Court insists that amnesty should not be granted when public funds have led to personal enrichment.
The progressive bloc takes a different view. Its members argue that the Supreme Court's refusal to apply the amnesty law violated the Fundamental Rights of the ‘procés’ leaders. They maintain that using public funds, while controversial, does not amount to personal enrichment in the legal sense required to block amnesty. This view is expected to shape the final ruling and affect Turull's appeal. It could also set a precedent for other cases involving malversation charges from the Catalan independence movement. Reports from ARA and other Spanish outlets suggest the outcome could open the door to amnesty for other high-profile figures: Puigdemont, Oriol Junqueras, Dolors Bassa and Raül Romeva.
Macías, who previously opposed the amnesty law as a member of the General Council of the Judiciary, will remain rapporteur for the case. He will now have to draft a new proposal reflecting the progressive majority's position, reversing the initial conservative approach. The decision will have immediate consequences for Puigdemont and others, potentially allowing amnesty for those previously excluded on grounds of alleged personal gain.
In a parallel development, Spain's Court of Auditors is also moving toward applying the amnesty law to several figures involved in the ‘procés’, reinforcing a broader legal shift around the legislation. This process could affect more than 30 former officials and is seen as part of a coordinated legal response to the independence movement.
The dispute reflects deep divisions within Spain's top courts over the aftermath of the Catalan independence push and the limits of political forgiveness. The Constitutional Court's decision will determine the fate of basic separatist leaders and clarify the scope of the amnesty law. The progressive majority's expected rejection of the conservative draft points to a change in judicial interpretation, putting Fundamental Rights ahead of a strict reading of financial benefit.
