Carles Puigdemont may seek damages from Spain due to delays in the amnesty law. The European Commission has received a formal complaint. The Tribunal de Cuentas is accused of obstructing the process.
Carles Puigdemont is weighing the possibility of demanding financial compensation from Spain, citing the ongoing delay in the full application of the amnesty law. His legal team, led by Gonzalo Boye, has formally complained to the European Commission, arguing that the Tribunal de Cuentas is intentionally hindering the judicial pardon for Puigdemont and other former Catalan officials, including Artur Mas. The complaint asserts that this obstruction violates a recent ruling by the Tribunal de Justicia de la Unión Europea (TJUE), potentially exposing Spain to state liability for damages.
The legal filing highlights that the Tribunal de Cuentas has not complied with the TJUE's decision, which found the amnesty law—passed by Spain's Congress in May 2024—to be compatible with EU law. The European court determined that the legislation does not conflict with the Union's financial interests or anti-terrorism directives. Despite this, the Tribunal de Cuentas has initiated a new phase of legal arguments, further delaying the closure of cases against 33 former Generalitat officials accused of misusing nearly €4 million during the 2017 independence referendum process.
Puigdemont responded on social media, sharply criticizing the Tribunal de Cuentas for what he described as deliberate disobedience. The complaint to Brussels also notes that precautionary measures worth €9.5 million remain in place against the group under investigation. Boye's submission requests that the European Commission urgently issue a formal notice to Spain, compelling authorities to rectify the non-compliance and fully implement the amnesty law.
A spokesperson for the European Commission confirmed receipt of the complaint and stated that it will undergo the standard review process. According to internal procedures, the Commission will assess whether the claim meets the criteria for further action, with a maximum decision period of one year from registration. If the complaint is rejected, the Commission must provide a reasoned response, unless the submission is deemed offensive or nonsensical, in which case no reply is required.
The Spanish prosecutor's office has called for the immediate application of the amnesty law, emphasizing that further examination of EU funds in the context of the Catalan process is unwarranted after the TJUE's ruling. Nevertheless, Boye maintains that Spain is responsible for any damages resulting from the delayed enforcement of the law, though he has not specified the amount that might be claimed.
This legal standoff comes at a time when Spanish institutions are under scrutiny for their handling of high-profile cases. In a related context, the recent passing of José Antonio Torres Sáez, Spain’s longest-serving mayor, drew national attention to the role of local governance and accountability, as reported in coverage of his decades-long service in Chercos.
According to the European Commission, the responsibility for enforcing TJUE decisions lies with the referring national courts. The current stage of the complaint process is still preliminary, with the Commission verifying the admissibility of the claim. Only if the complaint is accepted will the process advance, potentially leading to formal proceedings against Spain. The outcome could have significant financial and legal implications for the Spanish state, especially if compensation claims are upheld.
The amnesty law, designed to address legal actions stemming from the 2017 Catalan independence referendum, remains a contentious issue in Spain. Its implementation is closely watched both domestically and in Brussels, as it tests the balance between national judicial independence and adherence to EU legal standards. The case underscores ongoing tensions between Spanish institutions and European oversight, with potential consequences for future legal and political disputes involving EU member states.
