Spain's Constitutional Court will not preview its ruling on malversación amnesty before the October 6 plenary. The decision could affect Carles Puigdemont's return and guide every judge and court.
At a Nueva Economía Fórum breakfast briefing, Conde-Pumpido said the Constitutional Court would not preview its position before the plenary on 6 October 2026. The session will examine the draft ruling on Dolors Bassa's appeal over the amnesty law and malversación linked to the procés.
The court will announce its decision to the parties immediately if the plenary reaches a ruling that day. Conde-Pumpido would not predict the result or say how long the deliberation might take.
The stakes are broad. A ruling could open the legal path for Carles Puigdemont to return to Spain. It would also bind every judge and court.
The draft ruling reported by Europa Press and El País would distinguish between malversación connected to the procés and cases involving personal enrichment, favouring amnesty where no personal enrichment was involved.
The legal question remains open until the plenary considers the draft. The court's president has set one clear limit: the tribunal itself must announce the ruling.
RTVE reported that Conde-Pumpido has described the application of the amnesty in these cases as "preferential and urgent." He also said the Constitutional Court must deliver the decision rather than leave it to leaks or predictions.
No ruling exists yet.
The immediate issue is whether the amnesty law covers malversación offences tied to the procés. Its interpretation could also determine whether legal obstacles to Puigdemont's return are removed. The court has not announced that outcome.
Reports indicate that the same plenary may also consider a related appeal involving Jordi Turull. A ruling in Bassa’s case could subsequently provide guidance in other amnesty requests involving Puigdemont, Oriol Junqueras and former ministers.
The dispute has already reached the Supreme Court. That earlier position and the Constitutional Court's forthcoming ruling are covered in the earlier court dispute. It helps explain why the 6 October hearing carries such weight.
Europa Press reported that the draft considers the Supreme Court's approach inconsistent with the purpose of the amnesty law. The same plenary may also examine a related appeal involving Jordi Turull.
That could spread the effect.
El País reported that the ruling in Bassa's case could guide other amnesty requests involving Puigdemont, Oriol Junqueras and former ministers. The issue would therefore reach beyond one appeal.
Conde-Pumpido also called for the renewal of four Constitutional Court magistrates whose mandates expired in December 2025. The Senate is responsible for the appointments.
The four affected judges are Conde-Pumpido himself, María Luisa Balaguer, Ricardo Enríquez and José María Macías. ARA also described the institutional setting of his public remarks before the court considers the amnesty ruling.
His message was direct: political interests cannot override compliance with the Spanish Constitution. The Constitution requires members of the tribunal of guarantees to be renewed every nine years.
Conde-Pumpido urged political parties to carry out that mandate.
The two matters share the same institutional setting, but they are separate proceedings. The plenary must decide the amnesty appeal. Political parties must address the overdue renewal of four magistrates.
One issue concerns the legal status of malversación in the procés. The other concerns the composition of the court that will rule on it.
For now, the only confirmed date is the plenary debate on 6 October 2026. No ruling has been issued. No outcome has been previewed. Any eventual decision will bind judges and courts.
Speculation about Puigdemont's return can wait. The court has not decided the appeal, while the renewal of its four magistrates remains before the political parties.
