The Court of Justice of the European Union ruled on Thursday that the Spanish law granting amnesty to participants in the 2017 Catalan referendum did not violate European law. This decision bolsters Prime Minister Pedro Sánchez, whose continued hold on power depended on this legislation.
The Court of Justice of the European Union (CJEU) has ruled: the amnesty law adopted by the Spanish parliament in 2024 for the benefit of members of the Catalan independence movement is compatible with EU law. Judge Koen Lenaerts clarified that "the Spanish amnesty law concerns an area that falls within the competence of the Member States," thus removing any obligation for Madrid to submit to the assessment of the authorities in Brussels.
The court also ruled that it "does not oppose a law which, in order to reduce institutional and political tensions and facilitate a reconciliation process, provides for the extinction of criminal liability." The Spanish Constitutional Court had also approved the text.
This law sparked strong protests in Spain when it was adopted. It allowed Pedro Sanchez to form a minority government with the support of Catalan and Basque nationalist parties after the 2023 elections. The People's Party (PP), the largest party in parliament but relegated to the opposition, denounced it as an amnesty granted to what it considered an attempt at sedition, even if carried out by peaceful means.
Spanish Justice Minister Felix Bolanos declared in a televised address on Thursday that there could now be "no doubt" about the legislation's compliance with European law. Despite the "strong" rejection by a segment of the population at the time, "it was worth it," he asserted, adding that "no one, not even its fiercest critics, would want to relinquish its benefits."
The October 2017 referendum saw 92% of voters opt for independence, but with a turnout of only 43% of eligible voters. The vote was declared illegal by the Spanish courts, which attempted to prevent it from taking place by arresting elected officials and seizing voting materials.
The amnesty covers acts deemed "terrorist" related to the secessionist movement, provided they were non-violent and did not infringe upon fundamental rights. However, it does not apply to Carles Puigdemont, the former president of the Generalitat, who still resides in self-imposed exile in Belgium. He faces a separate charge of embezzlement, which falls outside the scope of the amnesty. The Spanish Constitutional Court is expected to rule in the coming months on whether to extend the amnesty to this case.
Polls indicate that support for independence has declined somewhat in Catalonia since 2017. General elections are scheduled in Spain for 2027.
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