Catalan judge José María Macías, the last straw in the Constitutional Court's bid to delay Puigdemont's amnesty.

As the person in charge of the first sentence, that of Jordi Turull, he can play with the timing and delay subsequent proceedings.

In the foreground, Constitutional Court judge José María Macías, during a plenary session in January 2025.
12/10/2025
2 min

MadridThe Constitutional Court took an important step this week toward bringing amnesty closer to Carles Puigdemont with the admission of his appeal for constitutional protection. This initial approval came a month later than expected as a result of a move by the former Catalan president's defense team that caused confusion within the court: the Junts leader challenged three conservative judges, knowing that they would not succeed and that they would only delay his appeal for a few weeks. Now the cases of the leaders of the 1-O vote who are still disqualified or under indictment—Jordi Turull, Oriol Junqueras, Raül Romeva, Dolors Bassa, Carles Puigdemont, Toni Comín, and Lluís Puig—are in the hands of the Constitutional Court judges, who are expected to issue their rulings in a few months, but it will still take time. "It is realistic to think that the appeals will be resolved in the first quarter of next year," warn sources at the court.

Time will tell if the prediction is accurate. What could torpedo these calculations? Sources from the judicial authority point to Judge José María Macías, the battering ram against the amnesty, previously at the General Council of the Judiciary (CGPJ) and now at the Constitutional Court. This Catalan judge was removed from the ruling on the appeals on the constitutionality of the law because he had already drafted a dissenting report when he was a member of the governing body of the judges, but he will be able to participate in the deliberations on the appeals for protection, as will the former Minister of Justice and now a judge at the Constitutional Court, Juan Carlos Campo. Macías was assigned to report on Turull's appeal, the first one filed, and internal doctrine establishes that when there are several appeals on the same ruling, the rapporteur of the oldest appeal has the lead role and priority to submit his proposal to the plenary session.

Thus, the first debate should be on Turull's appeal for protection, followed by those of the rest of those convicted: Junqueras, Romeva, and Bassa. Second, it will be the turn of the exiles. TC sources consulted by ARA suspect that Macías will do everything possible to delay the amnesty for the leaders of the Process as much as possible and has the power to delay the submission of the proposal to the plenary session. "It may be. We'll cross that bridge when we get there. If the rapporteur takes too long to present his proposal, the president can urge him to present it as soon as possible," notes a TC judge. Another judge prefers not to make a "judgment of intentions" regarding Macías's plans, but admits that his track record "is not good."

When the Supreme Court says the Constitutional Court will rule after the Court of Justice of the European Union (CJEU) has resolved the preliminary questions that several courts have submitted regarding the amnesty law, it's not just a matter of intuition. Macías, a friend of the investigating judge in the October 1st case, Pablo Llarena, will await Luxembourg's ruling. "It's a relevant issue," the Constitutional Court indicates, referring to the CJEU's criteria for ruling on whether the law is compatible with European law. They estimate that this ruling will arrive during the month of January, so, with all the possible obstacles, it's likely that the Constitutional Court's ruling on Puigdemont's appeal will be issued beyond the first quarter of 2026.

stats