Spain's Constitutional Court approves amnesty law with three minor exceptions

Spain's Constitutional Court has approved the amnesty law, with judges backing it by six votes to four.

After four days of deliberations, the court endorsed the amnesty law on Thursday as predicted, via the votes of the progressive majority.

Spain's top court has thereby validated the law approved a year ago in the Spanish Congress.

The court declared the amnesty law constitutional in response to an appeal from the conservative People's Party (PP).

However, it upheld three of the challenged points: the law must include people who protested against the Catalan independence process, the law should be limited to events occurring between November 2011 and November 2023, and the Court of Auditors must hear private accusations before closing any cases.

"Constitutional silence"

In a press release, the Constitutional Court explained that amnesty laws are constitutionally valid, rejecting the argument that the Constitution prohibits amnesty due to a lack of "explicit authorization."

The court emphasized that "constitutional silence cannot be interpreted as a prohibition" and that the Spanish Congress and Senate hold "a central position in our legal system."

Addressing claims by the PP that the law represents "self-amnesty," the court dismissed this, stating that "a law debated and approved by the parliament of a democratic state cannot qualify as a self-amnesty," adding that the term should be reserved for dictatorships or authoritarian states.

More challenges to law ahead

Thursday's verdict, delivered before 11 am, marks the Constitutional Court's first decision on 16 challenges against the amnesty for those involved in the independence process. The decision is expected to set the tone for subsequent rulings.

Of the fifteen challenges pending, fourteen have been brought by regional governments and parliaments led by the PP, with the remaining appeal filed Castilla-La Mancha's Socialist administration.

In parallel, four questions of unconstitutionality have been raised – one by the Supreme Court and three by the Catalan High Court (TSJC).

There are also appeals from several pro-independence politicians – including Oriol Junqueras, Raül Romeva, Dolors Bassa, Jordi Turull, and Lluís Puig – who were denied amnesty by the Supreme Court in relation to charges of misuse of public funds.

Sánchez welcomes decision

Spanish PM Pedro Sánchez welcomed the Constitutional Court's decision, calling it "wonderful news for Spain, for its coexistence and cohesion."

"We are satisfied because we have always maintained that the law passed by Congress would be constitutional, and this has now been confirmed," he said.

Sánchez argued that the legislative process exemplified the strength of Spanish democracy.

"The law was approved by a chamber elected by citizens, underwent debate and appeals, and has now been ruled constitutional by a court," he stated.

Referring to the Catalan independence movement, the PM described it as "a very difficult conflict in Spain" and said that the amnesty law was a "lever for transformation" that has "contributed to its resolution."

Puigdemont arrest warrant to be maintained

Before the Constitutional Court ruling, the Supreme Court had already signaled that it will not apply the amnesty to some leaders of the Catalan independence movement.

Supreme Court judge Pablo Llarena stated that he will maintain the arrest warrant for former Catalan President Carles Puigdemont.

Llarena intends to disregard the Constitutional Court's ruling because it does not specifically address the crime of misuse of public funds, one of the charges Puigdemont faces.

The Supreme Court could ultimately refer the matter to the Court of Justice of the European Union for further consideration.