Constitutional Court draft says Supreme Court 'departed from purpose' of amnesty law

A new draft ruling by conservative Constitutional Court judge José María Macías says Spain's Supreme Court "departed from the purpose" of the amnesty law by refusing to apply it to the offence of misuse of public funds in the case of Catalan independence leader Jordi Turull.

The draft, seen by the Catalan News Agency (ACN), says the Supreme Court's interpretation contained a "logical failure" by applying a provision that was "manifestly out of step with what the law seeks to achieve."

Macías’s new draft reflects the position of the Constitutional Court's progressive majority, which rejected his previous proposal against granting Turull the amnesty.

It will be debated by the full court on October 6, alongside a separate appeal by former Catalan government minister Dolors Bassa.

The Constitutional Court's ruling is expected to determine how the Supreme Court applies the amnesty to the other independence leaders, as the Supreme Court has said it will follow the Constitutional Court's first ruling on the issue.

That could pave the way for the return of former Catalan president Carles Puigdemont, who remains subject to a Spanish arrest warrant, as well as allowing the independence leaders to stand for public office again.

The Constitutional Court draft says the amnesty law was intended to cover misuse of public funds linked to the 2017 independence bid, with an exception for corruption.

It argues that Turull's conviction did not establish that he had obtained a real personal financial benefit.