MADRID, Spain — The Court of Justice of the European Union (CJEU) has upheld Spain’s controversial amnesty law, ruling that the legislation does not conflict with European Union regulations. The landmark decision effectively clears the legal pathway for the return of former Catalan President Carles Puigdemont to Spain, though the European court issued a notable rebuke to the Spanish government for rushing the law’s domestic implementation.
In its ruling, the CJEU affirmed that the legislation, which was designed to foster political reconciliation, does not violate EU financial interests or the bloc’s anti-terrorism directive. The court addressed preliminary questions referred by Spain’s Court of Audit and the National Court, concluding that the measure does not constitute a “self-amnesty,” despite earlier concerns raised by the European Commission regarding its unilateral adoption.
However, the European court did criticize the Spanish executive for imposing a strict two-month deadline on national judges to apply the norm. The CJEU warned that such urgency could undermine the effectiveness of the preliminary ruling procedure, as the accelerated timeline did not allow sufficient time for the European court to establish its position before domestic courts were forced to act. The Spanish government had previously argued that the law could be interpreted in conformity with EU law, allowing proceedings to be suspended if necessary to guarantee the effectiveness of the CJEU’s response.
Responding to specific concerns about the anti-terrorism directive, the CJEU noted that EU law does not explicitly restrict national amnesty mechanisms. Consequently, the court acknowledged that certain acts potentially classifiable as terrorism, committed between November 2011 and November 2023 within the specific context of the Catalan independence movement, can no longer be prosecuted in Spain under this framework. The court maintained that the law’s use of abstract categories rather than exhaustive lists does not breach the principle of legal certainty, leaving the final determination of the law’s specific applicability to Spanish judicial authorities. Furthermore, the CJEU concluded that the law respects the principles of equality and non-discrimination, as it targets a specific political context for reconciliation, making it incomparable to crimes committed in other contexts.
Former President Puigdemont celebrated the ruling as a resounding political victory for the Catalan independence movement. However, he issued a stern warning that any refusal by Spanish authorities to fully apply the amnesty would constitute a direct conflict with European legislation. Employing a football metaphor, he cautioned that the upcoming struggle would be akin to playing a match at the Santiago Bernabéu stadium with the referees and the crowd against them. He affirmed that the fight against repression is not over and that the ultimate goal of Catalan independence remains unchanged.
🔴Puigdemont ha reaccionado a la decisión del Tribunal de Justicia de la Unión Europea en sus redes sociales.
— RTVE Noticias (@rtvenoticias) July 16, 2026
En un artículo titulado "La amnistía es europea, la represión es española", dice que el tribunal confirma lo que ya se sabía, que esta ley no contradice en absoluto la… pic.twitter.com/4kbnPtw5qB
Leaders of the pro-independence movement echoed his sentiment. ERC leader Oriol Junqueras hailed the decision as a definitive political victory for those previously accused of terrorism, asserting that there are now no excuses for non-compliance. Similarly, Junts party representatives celebrated the historic achievement, acknowledging the significant political risks taken to secure the ruling. Meanwhile, the Committee for the Defense of the Republic (CDR) demanded the immediate dismissal of all terrorism charges filed against its members in light of the decision.
The Spanish government welcomed the decision, with Justice Minister Félix Bolaños describing it as a collective achievement that has successfully reduced tensions and restored stability to Catalonia following one of the country’s most severe democratic crises. Catalan President Salvador Illa also urged the immediate and full application of the law, stating that the ruling removes any remaining democratic, constitutional, or European obstacles to its enforcement.
Conversely, the conservative opposition maintained that the legal and political debate is far from over. The Popular Party (PP) emphasized that the CJEU ruling only addresses specific questions regarding EU law, leaving the comprehensive application of the statute to national courts, and accused Prime Minister Pedro Sánchez of trading political power for personal immunity. The far-right Vox party similarly criticized the reliance on international institutions, with its European Parliament leader arguing that Spain’s constitutional order and territorial integrity must be defended domestically rather than outsourced to foreign courts.
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As the legal focus now shifts back to Spain’s national courts, the ruling sets the stage for a new phase of political and judicial confrontation.
