Spanish civil society is now spreading to Europe to stop Puigdemont's return: "He has a lot to say about the amnesty."

BarcelonaDuring the independence process, the independence movement relied on the slogan, "Europe is watching us," which gained popularity and was ridiculed by Spanish nationalism. Now, civil Spanish nationalism is also catching on to this European hope, in this case seeking justice to overturn the amnesty in cases of embezzlement and, consequently, prevent the return of exiles—among them former President Carles Puigdemont—who simultaneously have a criminal case open in the Supreme Court. Paradoxically, those who had sanctified the rulings of the Constitutional Court have now lost faith in them because there is a progressive majority.

In a press conference this Thursday, Sociedad Civil Catalana (SCC) highlighted the preliminary ruling on the amnesty filed with the Court of Justice of the European Union (CJEU) in the cases open before the Court of Auditors affecting a dozen pro-independence leaders, primarily from the 1-O government, such as Puig de l'OCU. The pro-Spanish entity hopes that the CJEU will rule in this context, stating that embezzlement is not eligible for amnesty, thus providing arguments for the Supreme Court's interpretation of the amnesty law, which would prevent Puigdemont from returning.

"We are appealing to Europe because it has a lot to say on the matter," said the president of the pro-union entity, Elda Mata. "It's not a question of trusting one or the other more. We hope that the Constitutional Court will issue rulings in accordance with the legal system and not the political moment," he concluded.

Unlike what they expect from the Constitutional Court, the organization foresees a bed of roses in the European courts: they have expressed confidence that they will be ruled in their favor. Even the secretary of the entity's board, Eloy Moreno, has boasted about the latest ruling by the Constitutional Court. European Court of Human Rights The Court of Auditors has endorsed the Constitutional Court's actions in halting the debate on self-determination, as it believes it supports its position. However, the truth is that Strasbourg has yet to rule on the most significant case: the appeal by former political prisoners against the Supreme Court's ruling on October 1st.

The case before the Court of Auditors

The procedure in which Catalan Civil Society is placing its hopes is the lawsuit filed with the Court of Auditors regarding the accounting responsibility for the October 1, 2017 referendum and the foreign activity of the Generalitat (Catalan Government) from 2011 to 2017, in which those affected have also requested amnesty. The list of those affected is long: Carles Puigdemont, Artur Mas, Oriol Junqueras, Raúl Romeva, Dolors Bassa, Francisco Homs, Toni Comín, Clara Ponsatí, Jordi Turull, Neus Munté, and Lluís Puig, among others. All of them are awaiting amnesty because the court decided to refer a preliminary question to Luxembourg before making a decision.

The future ruling of the CJEU must determine whether the amnesty in this case is in accordance with European law; therefore, it will decide de facto Whether they can be amnestied. According to Societat Civil Catalana, this will happen "by the end of the year or the first quarter of 2026" and will complicate the amnesty's application to all pro-independence leaders. A theory that currently seems more wishful thinking than reality, since there is not even a report from the Advocate General of the CJEU, prior to the ruling, that could provide clues as to Luxembourg's views on this issue.