Spain's amnesty law is compatible with EU law

Neither the EU's financial interests nor the EU directive on combating terrorism would preclude the law aimed at normalizing the situation in Catalonia, the judges in Luxembourg ruled, according to a statement.

The background to this involves two cases from Spain that were referred to the European Court of Justice by the national court and the Court of Auditors. One case involves the prosecution of twelve individuals for terrorist offenses, and the other involves liability claims against individuals who are alleged to have unlawfully spent Catalonia’s public funds—for example, to organize the 2017 independence referendum. They are expected to benefit from the amnesty provision.

ECJ Takes a Critical View of a Procedural Rule

The ECJ clarified that an exemption from liability for damage to the Catalan budget does not affect the financial interests of the EU. The statement noted that damage caused solely at the national level cannot have an impact on the EU budget. Furthermore, a procedural deadline requiring a decision on the amnesty within two months is, in principle, lawful. However, the judges in Luxembourg emphasized that rulings by the CJEU in preliminary ruling proceedings must be awaited.

It was also stated that the Spanish law does not undermine the practical effectiveness of the EU Directive on Combating Terrorism. The law is limited to acts committed in the specific context of the Catalan independence movement and also provides for an exception in cases of intentional, serious human rights violations.

More than 300 people benefited from the amnesty

The controversial amnesty law was introduced in 2024 by the Spanish government under Prime Minister Pedro Sánchez to secure the support of Catalan separatist parties. It had sparked fierce controversy in Spain. Since then, the law has become a much less prominent issue in Spain. It has already benefited more than 300 people. However, former regional president Carles Puigdemont has not yet been able to benefit from it, as the Supreme Court in Madrid does not consider the charge of embezzlement of public funds brought against him to be eligible for amnesty.