The European Court of Justice’s endorsement of Spain’s amnesty law has prompted Catalan independence leaders to demand its immediate implementation. On 16 July 2026, the Court of Justice of the European Union (CJEU) ruled that the law is compatible with EU law, including Directive 2017/541 on combating terrorism. The ruling directly affects figures such as Jordi Turull and Oriol Junqueras, and has intensified scrutiny of the Spanish Constitutional Court (TC) and its handling of cases involving former Catalan officials. Turull, a senior member of Junts per Catalunya and one of those convicted of misuse of public funds, insisted that the TC cannot postpone decisions while Fundamental Rights remain at stake. He argued that the court has both the authority and the obligation to act without further delay.
The timing of the TC’s response has become a focal point. The court had planned to address appeals later in the year concerning the Supreme Court’s refusal to apply the amnesty to former Catalan government members. But after the EU court’s clear ruling, Turull and Junts’ legal adviser Gonzalo Boye said no further legal obstacles remain. Boye said the European decision leaves no room for new preliminary questions or further debate, and argued that the Spanish judiciary must now apply the law. The CJEU held that an amnesty aimed at easing institutional and political tensions and promoting reconciliation can be compatible with EU law. It also said the measure “does not compromise the practical effectiveness of Directive 2017/541.”
The judgment did not automatically settle every case or order Spanish courts to grant amnesty to everyone prosecuted in connection with the independence movement. It established an EU-law structure, leaving national courts to assess the facts and decide whether statutory exclusions apply, including the exclusion for conduct involving serious, intentional violations of human rights. The CJEU also considered objections involving legal certainty and equal treatment, including concerns about non-discrimination, and found no bar under EU law to applying the amnesty in qualifying cases.
Turull declined to say whether the new legal field could lead to closer cooperation with Prime Minister Pedro Sánchez’s government or help Carles Puigdemont and other exiled leaders return. He also warned the Socialist Party against claiming credit for the EU court’s decision. He attributed the legal breakthrough to Junts’ persistent demands during negotiations with PSOE and Esquerra Republicana earlier in 2024.
Puigdemont, who remains in Belgium under a Spanish arrest warrant, followed the court proceedings remotely alongside Junts’ leadership in Barcelona. Catalan president Salvador Illa said the amnesty marked an end to division and conflict. Turull said the measure would rally the independence movement, rather than end the political dispute. He argued that the ruling shows the Spanish state relies on repression to address political challenges.
Esquerra Republicana also called for swift action. Oriol Junqueras, speaking alongside party figures who stand to benefit from the ruling, said Spanish courts have no valid reason to delay. He called for the restoration of political rights and the return of exiled leaders, while criticizing parts of the judiciary for allegedly serving partisan interests. Subsequent judicial decisions have begun to put the ruling into effect: on 20 October, Spain’s Supreme Court applied the amnesty to Junqueras and Turull, as well as Dolors Bassa and Raül Romeva, information from reporting on the court’s decision. The ruling could change their legal status, including the disqualification sentences imposed over their involvement in the independence process.
Another application followed on 23 October, when the Audiencia Nacional archived the terrorism case against 12 members of the Committees for the Defence of the Republic, known as “Operation Judas.” The defendants had faced potential prison terms of eight to 11 years. The court concluded that the alleged conduct did not amount to serious, intentional violations of human rights and fell within the amnesty’s scope; the proceedings ended without a trial. Both prosecutors and defence lawyers sought application of the amnesty after the CJEU judgment. The case shows that Spanish courts must assess alleged conduct individually, rather than treat the EU ruling as an automatic resolution of every prosecution.
Commentary after the CJEU judgment estimated that 164 people awaiting trial in cases linked to the Catalan independence movement could potentially be affected. The figure includes Puigdemont and former Catalan councillors living in Belgium. It refers to possible beneficiaries, not people automatically covered: each case remains subject to the statutory conditions and judicial assessment.
Junqueras expressed hope that Puigdemont and other exiles would return soon, underscoring the personal and political stakes. Debate continues over the judiciary’s role in Spain’s political conflicts. That issue has also surfaced in other high-profile cases, including the controversy over leaked private messages of former Prime Minister Zapatero, as reported in recent coverage of judicial and political tensions.
The CJEU’s July decision removed an EU-law obstacle to applying Spain’s amnesty in cases that meet the legal test, while leaving Spanish courts to decide where the statute applies. The Supreme Court’s decision concerning Junqueras and Turull, followed by its decisions on Romeva and Bassa, and the Audiencia Nacional’s closure of Operation Judas, show the ruling’s reach across “procés” convictions and terrorism-related investigations. Courts’ ongoing case-by-case assessments will shape the legal position of other Catalan leaders and exiles, alongside the wider political debate over Spain’s independence movement.
