A snapshot of the amnesty after Europe's breath of hope: who's waiting?

BarcelonaIt has been 522 days since the Official State Gazette The Official State Gazette (BOE) published the amnesty law, following a turbulent negotiation between the PSOE and Junts and attempts by the PP to torpedo it in the SenateHowever, the leaders of the October 1st referendum have still not fully benefited due to the Supreme Court's reluctance to apply it to the crime of embezzlement. Now, both they and the other defendants in the Catalan independence trial are beginning to see the light at the end of the tunnel: the Advocate General of the Court of Justice of the European Union (CJEU), Dean Spielmann, This week, he has spoken out in support of the substantial scope of the standard.He makes minor criticisms, such as that the two-month period given for its implementation—which many courts have also failed to meet—is insufficient, but he defends the aim of political and social "reconciliation."

Following the legal advisor's report, which is not binding, the CJEU must now respond to the requests made by both the Court of Auditors and the National Court regarding the compatibility of the amnesty law with EU law. These are not the only cases on the table, but the position it adopts will be key to the evolution of pending amnesty cases in Spanish courts. Let's review them.

The Court of Auditors' case

Around 35 former high-ranking officials of the Catalan government still face financial liability stemming from the expenses of the independence process. Among them are former president Carles Puigdemont and former vice president Oriol Junqueras, as well as former ministers from the October 1st government, and also former president Artur Mas, who was granted amnesty for the November 9th referendum (although the fine he paid to the Court of Auditors in this case is not being refunded). The Public Prosecutor's Office is seeking €3.1 million, while SCC raises the figure to €5 million. The Court of Auditors is now awaiting the final ruling from the CJEU on whether the amnesty in any way conflicts with the EU's financial interests. The Advocate General has ruled it out.

The CDR members that the National Court wants to try

One of the great victories for pro-independence activism in Spielmann's report is what it says about the terrorism exception in the amnesty law: the National Court had asked whether it is compatible to grant amnesty to acts classified as such within the framework of the trial of the 12 CDR members Those arrested in Operation Judas face sentences of between 8 and 15 years in prison for allegedly organizing violent actions coinciding with the anniversary of October 1st and the then imminent publication of the verdict in the Catalan independence trial. The CJEU's legal advisor responds that the exceptions provided for in the law, which excludes acts contrary to human rights from the amnesty, are compatible with the European directive against terrorism.

Jové, Salvadó, and Garriga, at the CJEU

Another case that has dragged on in the courts is the one involving former high-ranking Economy officials Josep Maria Jové and Lluís Salvadó, for disobedience, embezzlement, and malfeasance in the lead-up to the October 1st referendum, and former regional minister Natàlia Garriga, for disobedience. In July 2024, the High Court of Justice of Catalonia (TSJC) initiated a two-pronged consultation process, both with the Constitutional Court and the Court of Justice of the European Union (CJEU): it submitted its doubts, respectively, regarding the compatibility of the law with the Spanish Constitution and European law. It is now awaiting a response. Meanwhile, the officials of the undergovernment Those prosecuted in the October 1st case in Barcelona's Court 13 have already been granted amnesty. by order of the Provincial Court of Barcelona.

Exiles and disqualified officials await the Constitutional Court's decision

Unlike the High Court of Justice of Catalonia (TSJC), the Supreme Court opted not to consult the European Court of Justice and refused to grant amnesty for misuse of public funds to Puigdemont and the other disqualified ministers involved in the October 1st referendum, arguing that they had experienced "personal enrichment" and that this placed them outside the scope of the law. The convicted individuals appealed to the Constitutional Court (TC), which will have to rule on whether the Second Chamber of the Supreme Court twisted the interpretation of the text to deny them amnesty after already dismissing the constitutional question raised by that court. The return of Puigdemont to Catalonia, as well as that of former ministers Lluís Puig and Toni Comín, depends on the Constitutional Court's decision. For the moment, The prosecution objects to the suspension of the arrest warrant against the former president while the magistrates deliberated.

But, faced with the possibility that the Supreme Court's second chamber might try to send the case back to Europe, the president of the Constitutional Court, Cándido Conde-Pumpido, has issued a warning: "Our rulings are binding on everyone," he said. In an interview on RTVE, he recalled that once the CJEU decides, the doctrine of the "clarified act" applies. That is, the CJEU cannot be asked the same question again to delay the proceedings once it has already been resolved. However, the Supreme Court could request the CJEU's intervention again due to a different question than those already resolved by Luxembourg regarding the embezzlement.

The case of disobedience in Vilanova

The latest preliminary ruling request to the CJEU regarding amnesty that has come to light is the one submitted by a judge in Vilanova i la Geltrú. He is handling a case against a man who, while serving as a member of a polling station in 2019, refused to remove a yellow ribbon and ended up being charged with disobedience. Following the same line as the courts that have opted for this approach, the head of court number 3 asked the CJEU whether amnesty is compatible with EU law and, specifically, with the principles of separation of powers and equality before the law.

How many people have been granted amnesty?

The Minister of the Presidency, Félix Bolaños, stated this Thursday that more than 350 people have benefited from the amnesty law. According to the latest data from Òmnium, updated in May 2025, a total of 236 criminal cases against pro-independence activists have been definitively closed since the law was passed: 178 cases were closed through the direct application of the amnesty, 49 were closed as a result of dismissals, and 9 were closed for other reasons. The dismissed cases include the case... of Democratic Tsunami and the of the alleged Russian plot in the Trial which originated from Operation Volhov, already buried amid reproaches from higher judicial authorities to the respective instructors.

Furthermore, in May 2025, for the first time, the number of criminal cases closed against those who suffered reprisals surpassed the number of amnestied police officers (164), who were the group that initially benefited most quickly from the amnesty. One of the cases involving National Police officers that has not been amnestied, however, It is the case of the four police officers who will go to trial for blinding Roger Español in one eye during the October 1st charges.