The Court of Justice of the European Union’s (CJEU) 16 July ruling on Spain’s amnesty law has not triggered a political earthquake in Catalonia. For many people in Barcelona, the so-called “procés” is already a closed chapter. They see the judgment as a legal development, not a turning point in public life. Its immediate political impact is being felt more sharply in Madrid, where Carles Puigdemont’s potential return has unsettled national political forces.
The CJEU considered the amnesty in the context of alleged terrorism offences linked to Catalan pro-independence activists and Directive 2017/541 on combating terrorism. It held that EU law does not automatically bar a national amnesty intended to ease political tensions and promote reconciliation, provided national courts assess whether the conduct falls within the law’s limits. In particular, the ruling allows criminal liability to be extinguished when the conduct does not amount to genuinely serious, intentional human-rights violations. The structure has since been applied beyond cases involving senior politicians: on 23 October, Spain’s National Court closed the “Operation Judas” case against 12 alleged members of the Committees for the Defence of the Republic, who had faced possible prison terms of eight to 11 years.
Salvador Illa, president of Catalonia, has called for the swift and comprehensive application of the amnesty, arguing that the Supreme Court’s resistance should not hinder the process. His stance reflects a broader sentiment in Catalan society: the amnesty is viewed as a step toward moving on, not reopening old wounds. Data from the Centre d’Estudis d’Opinió show that Puigdemont’s influence among Junts voters has declined sharply since 2025, with fewer than a third now preferring him as president. The shift reflects a perception among many Catalans that Puigdemont’s era belongs to the past.
Madrid’s political field, by contrast, remains unsettled. On 19 October, Supreme Court investigating magistrate Pablo Llarena rejected a reform appeal brought by Vox’s popular prosecution and revalidated the lifting of Spain’s national arrest warrants against Puigdemont, Antoni Comín and Lluís Puig. Llarena relied on Constitutional Court doctrine extending amnesty for embezzlement to circumstances comparable to those of former Catalan minister Dolors Bassa. The order removes the immediate domestic arrest risk for the three politicians, clearing a impressive obstacle to a return, but does not itself close their proceedings or finally extinguish criminal liability.
That distinction matters politically as well as procedurally. Llarena said his order was limited to lifting the warrants and did not conclude a case with certain appeals still pending; the definitive decision on extinguishing liability belongs to the competent Supreme Court trial chamber. The government is watching how the remaining steps could affect Junts’ position in Congress. Junts is banking on Puigdemont’s return to revive its fortunes, even as public interest in the “procés” continues to fade. The Popular Party (PP), which recently sought closer ties with Junts, faces a delicate position, while Vox sees an chance to capitalize on the dispute. For PP leader Alberto Núñez Feijóo, the issue remains politically sensitive.
The Supreme Court’s next steps are under close watch, given its decisive role in the 2019 sentencing of “procés” leaders, which disrupted the national election campaign at the time. Depending on how the court proceeds, the current case could again influence the political calendar. For further context on how legal decisions have shaped recent Spanish politics, see the analysis of the Supreme Court’s actions in the Aldama corruption case.
Spain’s amnesty law, designed to address the fallout from the 2017 Catalan independence push, has been a source of national debate since it was proposed. Its application has proceeded in stages: the CJEU clarified the relevant European-law structure in July, and Spanish courts have since applied it in separate proceedings, including the Operation Judas case and the warrant decisions concerning Puigdemont, Comín and Puig. The political focus may have shifted from Barcelona to Madrid, but the outcome still depends on final rulings from the competent Spanish courts and the parties’ response to them.
