EU court backs Spain's amnesty law as minister slams Supreme Court for failing to apply it fully

The Court of Justice of the European Union (TJUE) issued two rulings on 16 July 2026 confirming that Spain's amnesty law is compatible with EU law. The decisions addressed prejudicial questions from the Audiencia Nacional, concerning 12 members of the Committees for the Defence of the Republic (CDR) accused of terrorism and explosives offences, and from the Tribunal de Cuentas, regarding the misuse of public funds for the 2017 independence referendum and external action. The rulings follow the Advocate General's opinion of 13 November 2025, which had already signalled support for the law.

Minister criticises Supreme Court delay

Despite the TJUE's endorsement, the Supreme Court has not applied the amnesty to those convicted of embezzlement, a stance that drew a sharp response from Félix Bolaños, the minister of the presidency, justice and relations with the Cortes. In an interview with La Vanguardia, he said the court could have made an interpretation "more in line with the law and its spirit" so that the amnesty would already be fully in force.

The law is very clear in letter and spirit.

Bolaños described the TJUE ruling as "a victory for Catalonia and for Spain" and argued that the amnesty was essential for reconciliation, noting that "it would not have been possible to guarantee reconciliation with more than 400 people going to prison." He expressed hope that the Supreme Court would now act "as soon as possible."

Junqueras eyes return to frontline politics

The ruling opens the door for Oriol Junqueras, the ERC leader, to become a candidate for the Catalan presidency for the first time in over a decade. His last effective candidacy was in 2012; since his prosecution over the 2017 referendum, all his bids have been symbolic, and a 2019 conviction left him disqualified until 2031. If the Supreme Court lifts the disqualification after the summer recess, his political rights would be fully restored.

The Supreme Court will do everything possible not to apply the amnesty law.

ERC views the TJUE ruling as clearer than expected, but party sources remain cautious about another judicial twist.

Puigdemont's return still on hold

Carles Puigdemont, the former Catalan president and Junts leader, remains in exile with an active arrest warrant. Junts' secretary general, Jordi Turull, called the ruling a "resounding victory" but stressed it is "not definitive." The party is waiting for the Constitutional Court and Supreme Court to act, and Puigdemont's return is not imminent. Within Junts, some see his comeback as a potential boost against the rise of Aliança Catalana, while others worry about electoral polls. The PSOE, meanwhile, views a possible return as a "window of opportunity" to rebuild bridges, though Puigdemont has withheld his party's seven votes in Congress for months, blocking budgets and other legislation.

Judicial and political road ahead

The amnesty law was controversial from the start, with judges protesting in their robes before its approval. The Supreme Court's refusal to apply it to embezzlement cases may now be challenged before the Constitutional Court, which could take months to rule, partly because the PP has filed appeals from all regions it controls to create a backlog. Bolaños also urged Junts to support the upcoming state budget and join the majority pushing justice reforms, saying they "would do well to sit down and work so that citizens see that politics is useful."