The endorsement of the Court of Justice of the European Union (CJEU) for the amnesty law represents an important backing for the Government’s political strategy and strengthens the rule promoted to close the cases arising from the procés. However, Carles Puigdemont’s judicial situation does not change immediately. The deputy director of La Vanguardia, Lola García, explains that the former president remains subject to an arrest warrant in Spain because the Supreme Court continues to consider that the crime of embezzlement cannot be amnestied in his case.
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The key, García recalls, lies in the Supreme Court’s interpretation of the concept of personal gain. “The Supreme Court understands that the leaders of the procés obtained a benefit by not paying out of their own pocket the expenses of the referendum and charging that cost to the Administration,” she points out. That interpretation is what currently blocks the application of the amnesty to Puigdemont and other pro-independence leaders.
Despite this, the journalist considers that the most likely scenario involves a favorable ruling from the Constitutional Court. In her view, the most predictable outcome is that the guarantees body will resolve the pending appeals in the coming months and confirm the full application of the law, although she admits that judicial timelines suggest that this decision will probably not come until autumn.
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Beyond its legal effects, García highlights that the European ruling also constitutes a political victory for the Executive. The CJEU not only concludes that the law does not violate community law, but explicitly supports the objective of “reducing institutional and political tensions” and promoting reconciliation in Catalonia. “It is a very clear endorsement of the arguments that supported the amnesty law itself,” she emphasizes, which dismantles much of the criticism questioning its legal fit.
Regarding the political impact, García believes that Puigdemont’s possible return does not by itself guarantee greater stability for Pedro Sánchez’s Government. Although the return of the Junts leader would be an element of great importance for the party, she considers that the party’s political strategy has evolved towards positions more distant from the Executive. “There may be occasional agreements, but the most important one, the budget, I see as complicated,” she concludes.
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