Eight years after Catalonia’s illegal independence referendum, Spain’s Constitutional Court has approved a controversial amnesty law that could allow fugitive former Catalan regional president Carles Puigdemont and other separatists to walk free.
The court’s 6-to-4 ruling, published this week, upheld the law as constitutional despite widespread criticism. The majority opinion, authored by Justice Inmaculada Montalbán, argues that lawmakers may enact any law “not expressly or implicitly forbidden by the Constitution.” Opponents warn this opens the door to arbitrary political immunity and undermines basic democratic checks.
Opposition parties reacted with fury. Alberto Núñez Feijóo, leader of the People’s Party, called the amnesty “a disgrace and political corruption.” VOX leader Santiago Abascal went further, accusing the PP of helping create the current court by backing Socialist appointments in the past.
The ruling does not fully resolve Puigdemont’s legal status. He remains in Belgium under an active arrest warrant. While the Constitutional Court ruled the law itself is valid, the Supreme Court—and potentially the European Court of Justice—must still determine whether specific crimes like misuse of public funds fall within the scope of the amnesty. The Spanish Supreme Court has argued that the financial charges involve personal enrichment, which is excluded from the law, and has hinted it may seek EU guidance on the matter.
The amnesty was narrowly passed by Spain’s Parliament in May 2024 and was the political price Prime Minister Pedro Sánchez paid to remain in office. After Spain’s 2023 general election left no party with a clear majority, Sánchez secured a new term by forming a fragile minority government—with critical support from the separatist Junts per Catalunya, Puigdemont’s party. In return, he agreed to wipe the slate clean for those involved in the 2017 secession crisis.
The 2017 referendum, declared unconstitutional by Spanish courts, was a unilateral attempt by Catalonia, a wealthy northeastern region, to secede from Spain. The regional government, led by Puigdemont, declared independence, prompting a swift crackdown by Madrid. Dozens of officials were charged with crimes ranging from rebellion to misuse of public funds. Puigdemont fled to Belgium to avoid arrest.
The amnesty law has been one of the most divisive political issues in recent Spanish history. It faced intense pushback not only from conservative regions and opposition parties but also from the judiciary itself. Legal advisors in Parliament issued four negative reports. The General Council of the Judiciary condemned the measure. Even the Venice Commission, an advisory body to the Council of Europe, raised concerns.
Spain now faces a critical test. This amnesty could set a troubling precedent—suggesting that legal rulings can be undone by backroom political deals and judges aligned with the ruling party.
For many Spaniards, this is not reconciliation—it is submission. The rule of law, far from being upheld, has been redefined to suit immediate political needs. The long-term cost to democratic legitimacy may be far greater than the short-term gain of seven parliamentary votes.
