European Court of Justice to examine doubts on independence push amnesty law

The Court of Justice of the European Union is analyzing the doubts raised by Spain's Court of Auditors related to the use of public funding linked to the 2017 independence referendum and the foreign action from the Catalan government. These doubts rose after the amnesty law linked to the independence push passed in Congress.

During the morning, judges will listen to all parties regarding the expenses from the movement and if this cost affects the EU's financial interests, among other major doubts.

Later in the day, judges will also study a second case, this one brought forward by Spain's National Court, related to the 'Operation Judas,' against the pro-independence activist groups Committees of the Defense of the Republic (CDR).

The European Court will analyze whether the granting of an amnesty to those facing charges of terrorism respects the EU's antiterrorist legislation.

The law, part of a political agreement between Spain's ruling Socialist Party with Catalan pro-independence parties Esquerra (ERC) and Junts, aims to pardon individuals prosecuted for their roles in the independence push which came to a climax in 2017 with the referendum deemed illegal, which saw numerous politicians jailed and exiled for years.

The Catalan president at the time of the 2017 referendum, Carles Puigdemont, is still living in Belgium ever since the vote.  

The ECJ has received 20 preliminary questions from Spanish judicial bodies, including the High Court of Catalonia (TSJC), the National Court, and the Court of Auditors.

In the case against the pro-independence activists, the CDR, who organized riots in response to the verdict of the trial against the political organizers, the National Court has asked the ECJ whether European legislation allows a distinction to be made between terrorist acts that have caused or have not caused "serious violations of human rights."

The court suggests that the law may be violating the principle of legal certainty, since it does not "specify" which acts constitute these violations or what degree of seriousness must be overcome to make "the amnesty inoperative."

Although the Court of Justice of the European Union is studying the different preliminary questions on Tuesday, the decision is expected in the upcoming months, although the specifics will be down to Spanish tribunals.

Aside from the Court of Auditors and Spain's National Court, the ECJ has also been summoned to answer the doubts of the Catalan High Court and a court in Vilanova regarding the misuse of public funds and granting an amnesty for charges of disobedience, respectively. However, no date has been announced for such sessions.

Spain's government believes the ECJ will announce its ruling related to the embezzlement of public funds in September, although based on statistics, the court takes an average of 17.2 months to rule on preliminary questions, and the Court of Auditors issued their request back in July 2024.

Regardless of the EU Court's ruling, Spanish courts will decide whether to grant an amnesty, although they will have to consider the decisions of European judges and Spain's Constitutional Court. The court already decided in late June that the amnesty law is constitutionally binding, but some other decisions are still pending.