Key facts
- The EU's top court ruled Spain's amnesty law for Catalan separatists does not violate EU legislation.
- The ruling is a significant legal and political victory for Spanish Prime Minister Pedro Sánchez.
- The decision also benefits separatist leader Carles Puigdemont.
- The amnesty was a condition for Puigdemont's party to support Sánchez's government after the 2023 elections.
- The CJEU considers the legislation neither to conflict with the EU’s financial interests nor to run counter to the EU directive on terrorism.
- The CJEU's backing for the amnesty law does not in itself lift the arrest warrant over Puigdemont.
The European Union's top court has ruled that Spain's controversial amnesty law for Catalan separatists does not violate key EU legal provisions. This decision represents a significant legal and political triumph for Spanish Prime Minister Pedro Sánchez and pro-independence leader Carles Puigdemont.
Sánchez's government had argued that the amnesty law, which was a condition for Puigdemont's political party to provide parliamentary support for his premiership following the 2023 national elections, complied with EU legislation. The measure faced strong opposition within Spain.
The Court of Justice of the EU (CJEU) stated that the legislation neither conflicts with the European Union’s financial interests nor runs counter to the EU directive on terrorism. This ruling addresses preliminary rulings requested by Spain's Court of Audit and the National High Court, the latter linked to Puigdemont's investigation for terrorism.
However, the CJEU's judgment does not automatically lift the arrest warrant against Puigdemont, which has been in place for nearly nine years. The Supreme Court has previously refused to grant him amnesty, citing alleged personal enrichment in the diversion of funds for the 2017 referendum. The final decision rests with the Spanish Constitutional Court, which is expected to rule on Puigdemont's appeal in October.
The amnesty law, approved by Congress in November 2023, aims to annul offenses linked to the Catalan independence movement, including the 2017 referendum and subsequent declarations. It excludes acts involving personal enrichment or terrorism that endangered life or physical integrity. The law was challenged by the People's Party and upheld by the Constitutional Court in June 2025.