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EU's top court upholds Spain's amnesty law for Catalan separatists

From Jerusalem Post · () English

Summarized and contextualized by DistantNews.

At a glance

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  • The European Union's top court upheld Spain's controversial amnesty law for Catalan separatists involved in the 2017 independence drive.
  • The ruling by the Court of Justice of the European Union (CJEU) stated the law does not violate EU rules and falls within Spain's national competence.
  • The amnesty, crucial for Prime Minister Pedro Sanchez to remain in power, aims to ease political tensions but faces ongoing implementation challenges and opposition.

Spain's highest court has affirmed the legality of a controversial amnesty law for Catalan separatists, delivering a significant boost to Prime Minister Pedro Sanchez's government. The Court of Justice of the European Union (CJEU) ruled that the law, which pardons individuals involved in Catalonia's 2017 independence bid, does not contravene European Union regulations.

(The court) does not oppose a law, which, in order to reduce institutional and political tensions and facilitate a process of reconciliation, provides for the extinction of criminal liability.

— Koen LenaertsPresident of the Court of Justice of the European Union (CJEU), explaining the court's decision on the Spanish amnesty law.

The amnesty was a cornerstone of the agreement that allowed Sanchez's minority leftist government to secure parliamentary support and remain in power. The ruling by the CJEU stated that the law's purpose of reducing "institutional and political tensions and facilitating a process of reconciliation" is compatible with EU principles. The court also confirmed that the law's adoption and application fall under Spain's national jurisdiction.

Despite the legal victory, the amnesty remains a divisive issue in Spanish politics. The conservative opposition had made several attempts to block it. Justice Minister Felix Bolaños welcomed the ruling, emphasizing that "All Spaniards, without exception, are beneficiaries of the amnesty law," and called for its complete implementation. However, some Catalan leaders, including Oriol Junqueras of the ERC party, described the victory as incomplete, citing judicial reluctance in fully applying the law.

All Spaniards, without exception, are beneficiaries of the amnesty law.

— Felix BolañosSpain's Justice Minister, welcoming the CJEU ruling and calling for full implementation.

The CJEU did, however, take issue with a specific provision, ruling that Spanish courts cannot be mandated to lift financial responsibilities or halt preliminary proceedings within a strict two-month timeframe, pending broader EU decisions. This nuance could affect the swiftness of amnesty application for some cases. The law is estimated to benefit over 1,600 individuals, with more than 300 already granted amnesty for criminal and administrative offenses.

The victory was incomplete.

— Oriol JunquerasHead of the ERC party, welcoming the ruling but criticizing judicial reluctance in fully implementing the amnesty law.
DistantNews Editorial

Originally published by Jerusalem Post. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.

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