The Court of Justice of the European Union (CJEU) is set to release two rulings this Thursday regarding the Spanish Amnesty Law (LOA). These decisions will resolve preliminary questions posed by the Court of Auditors (TCu) and the National Court (Audiencia Nacional) concerning the law’s compatibility with European Union law. The rulings will not address the constitutionality of the law, a matter reserved exclusively for the Spanish Constitutional Court.
CJEU Rulings on Financial Interests and Terrorism
The Court of Auditors requested a preliminary ruling (case C-523/24) after suspending its proceedings against Carles Puigdemont, Oriol Junqueras, and 33 other former Catalan officials. The TCu, which oversees the restitution of public funds, sought clarification on whether the amnesty law conflicts with the protection of the EU’s financial interests. While the prosecutor estimated the diverted funds at a certain amount, the popular action group Sociedad Civil Catalana claimed the amount was even higher.
Separately, the National Court posed questions (case C-666/24) regarding 12 members of the Committees for the Defense of the Republic (CDR). These individuals face charges including terrorism, possession of explosives, and attempted devastation, with prosecutors requesting sentences between 8 and 27 years. The National Court questioned whether applying the amnesty law would violate the EU Directive on combating terrorism or effectively grant immunity for “low-intensity” terrorism.
Did You Know? The Advocate General Dean Spielmann, whose non-binding conclusions often influence CJEU rulings, suggested in November that the amnesty law does not violate the EU’s anti-terrorism directive because it relates directly to the political goal of institutional normalization and social reconciliation in Catalonia.
Implications for Pending Legal Proceedings
The CJEU rulings will primarily dictate whether Spanish courts must proceed with applying the amnesty law to these specific cases. If the CJEU confirms the law is compatible with EU standards, domestic courts, including the TCu and the National Court, will be expected to move forward with the amnesty application. However, these rulings do not address the Supreme Court’s previous decision to exclude the crime of embezzlement from the amnesty.
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Magistrates Pablo Llarena and Manuel Marchena have previously determined that specific leaders, including Carles Puigdemont, Oriol Junqueras, and others, do not qualify for amnesty due to findings of personal patrimonial benefit. The CJEU is not currently tasked with reviewing these specific Supreme Court decisions. Furthermore, the active arrest warrants for Puigdemont, Toni Comín, and Lluís Puig remain under the exclusive jurisdiction of Judge Llarena.
Expert Insight: While public debate often conflates the CJEU’s assessment with the law’s domestic legality, the stakes here are limited to EU regulatory alignment. The Constitutional Court remains the final authority on the LOA’s adherence to the Spanish Magna Carta, and it has already upheld the bulk of the law, leaving only specific appeals regarding embezzlement to be resolved.
Next Steps for the Constitutional Court
The Constitutional Court has already signaled support for the amnesty law, having concluded in June 2025 that it serves a “legitimate, explicit and reasonable” purpose. Despite this, the court still holds pending appeals from leaders convicted or prosecuted for embezzlement. The resolution of these appeals will determine whether individuals like Junqueras may be rehabilitated or if Puigdemont could face a different legal landscape upon a potential return to Spain.
Current speculation regarding a “guaranteed” return for Puigdemont remains unsupported by the current legal framework. Should he return before the Constitutional Court issues its final decision on his specific appeal, he remains subject to existing arrest warrants. Even with a favorable ruling, the application of the law rests with the Supreme Court, which retains the option to request further clarification from the CJEU if it deems necessary.
Frequently Asked Questions
Will the CJEU decide if the amnesty law is constitutional?
No. The CJEU is only assessing compatibility with European Union law. The Constitutional Court holds the sole authority to determine if the law aligns with the Spanish Constitution.
Does the TCu case involve embezzlement charges?
No. The Court of Auditors handles accounting responsibility and the restitution of public funds, which is distinct from the criminal charge of embezzlement.
How do the CJEU rulings affect the arrest warrants for Carles Puigdemont?
They do not. The warrants remain under the authority of Judge Pablo Llarena and are not part of the preliminary questions currently before the CJEU.
How do you interpret the balance between national reconciliation goals and the application of EU-wide legal standards in these cases?