EU Court of Justice to rule on Spanish amnesty law for Catalan independence leaders on 16 July

The ruling date

The Grand Chamber of the Court of Justice of the European Union (CJEU) will deliver its judgment on 16 July 2026, the court confirmed on Thursday. The decision comes exactly one year after oral hearings were held on the preliminary references submitted by two Spanish courts. The Luxembourg-based court must determine whether the Organic Law on Amnesty, which seeks to pardon crimes linked to the Catalan independence process, complies with European Union law.

Two key questions

The CJEU will answer two sets of preliminary questions. The first, raised by the Spanish Court of Auditors, concerns the accounting liability of former Catalan president Carles Puigdemont and other officials for public funds allegedly used to finance the illegal 1 October 2017 independence referendum and the external promotion of the so-called procés. The second, sent by the National Court, asks whether applying the amnesty to twelve members of the Committees for the Defence of the Republic (CDR), who face terrorism-related charges in the so-called 'Operation Judas', would breach EU anti-terrorism legislation.

Advocate General's opinion

In November 2025, Advocate General Dean Spielmann issued a non-binding opinion that largely backed the law. He argued that it does not harm the EU's financial interests and does not conflict with the bloc's counter-terrorism directive.

“No direct link can be established between the procés expenses and the EU accounts.”

Spielmann also rejected the notion that the law constitutes a 'self-amnesty', stating that its aim is to respond to an exceptional situation with the declared goal of institutional normalization and reconciliation, rather than to shield a political regime from judicial scrutiny. While his views are not binding, they are generally taken into high consideration by the Luxembourg judges.

Impact on Puigdemont and the Constitutional Court

The CJEU's ruling is expected to shape the parallel proceedings before the Spanish Constitutional Court, where Puigdemont has lodged an appeal against the Supreme Court's refusal to amnesty his embezzlement conviction. A favourable ruling in Luxembourg would likely pave the way for the Constitutional Court to lift the arrest warrants and allow the former president to return to Spain. The public prosecutor and the state attorney's office have already submitted briefs in favour of granting the amnesty.

Political and legal background

The amnesty law, promoted by the government of Pedro Sánchez, came into force on 11 June 2024. It was designed to draw a line under the criminal cases stemming from Catalonia's 2017 push for independence and was a central piece of the deal that secured Sánchez's investiture. However, it has faced sustained legal challenges. The Supreme Court has refused to apply it, arguing possible discrimination based on ideology, while the Court of Auditors and the National Court, among others, turned to the CJEU to test the law's compatibility with EU law.