The Court of Justice of the European Union (CJEU) in Luxembourg has delivered a significant ruling, broadly endorsing Spain's amnesty law as compatible with EU law. The decision, announced on Thursday, directly affects the legal situation of Carles Puigdemont, the former Catalan president who has been living in self-imposed exile in Belgium since October 2017.
The Luxembourg judges determined that the legislation does not conflict with the European Union's financial interests nor violate the EU directive on terrorism. This opinion aligns with the preliminary view expressed by the court's Advocate General, Dean Spielmann, in November 2024.
Spielmann had argued that the law was passed "in a genuine context of political and social reconciliation" and dismissed claims that it constituted a "self-amnesty." The law was approved by the Spanish Congress in November 2023 as a condition set by the Catalan separatist parties ERC and Junts for supporting Prime Minister Pedro Sánchez's investiture after inconclusive elections.
What the Ruling Means for Puigdemont
Despite the CJEU's backing, Puigdemont cannot immediately return to Spain. The arrest warrant issued by the Spanish Supreme Court remains in effect. The Supreme Court, led by investigating judge Pablo Llarena, has so far refused to apply the amnesty to Puigdemont, arguing that there was personal enrichment involved in the diversion of public funds for the illegal independence referendum on 1 October 2017.
The final decision now rests with Spain's Constitutional Court, which is examining Puigdemont's appeal for constitutional protection. The court is not expected to rule until October, after the summer judicial recess. Only if the Constitutional Court finds in Puigdemont's favour and orders the Supreme Court to withdraw the warrant will he be able to set foot in Spain without risk of arrest.
The CJEU's ruling does not address the specific application of the amnesty to Puigdemont or the validity of the domestic arrest warrant. Those matters remain with Spanish courts, which must interpret and apply the European judgment in the pending cases.
Background of the Amnesty Law
The amnesty law, approved in November 2023, wipes out offences linked to the Catalan independence process, including the illegal referendum, the unilateral declaration of independence, and the embezzlement of public funds related to those events. However, it explicitly excludes personal enrichment and acts of terrorism that endangered life or physical integrity.
The law has been fiercely contested. The conservative People's Party challenged it before the Constitutional Court, which upheld it on 26 June 2025 by a narrow six-to-four vote, with the progressive majority rejecting the argument that it was a "self-amnesty." Yet the Supreme Court has since refused to apply it to Puigdemont, leading to a clash between Spain's highest courts that prompted the referral to Luxembourg.
The Court of Audit asked the CJEU whether wiping out accounting liability for the 2017 events affects the EU's financial interests, while the National High Court asked whether the amnesty can be applied to members of the Committees for the Defence of the Republic, who are under investigation for terrorism. The CJEU answered both questions in the negative, clearing the way for the law's application.
Puigdemont remains at the centre of the case, having lived in Belgium since 2017, apart from a brief appearance in Barcelona in August 2024. The CJEU judgment will now become part of the arguments that both the Supreme Court and the Constitutional Court must weigh in the pending proceedings.
This ruling comes amid broader political tensions in Spain, where the amnesty law has been a divisive issue. It also highlights the ongoing interplay between EU law and national judicial processes, a dynamic that continues to shape the legal landscape across the continent. For more on Spain's economic context, see Spain's Inflation Steadies at 3.2% in June.
