European Union law does not prevent Spain’s amnesty law aimed at restoring political normality in Catalonia, the EU’s top court ruled on Thursday.
The Court of Justice of the European Union said amnesty laws fall within the powers of Member States, meaning its own review is limited.
It said the Spanish law can, under strict conditions, cover certain offences classed as terrorism, provided they did not involve serious human rights violations.
The ruling was closely watched by former Catalan leader Carles Puigdemont and Spanish Prime Minister Pedro Sánchez.
Although Spain’s Constitutional Court had already given the law an almost full green light last year, Spain’s Court of Auditors and central courts had raised doubts about whether it complied with EU law.
The amnesty law was passed in June 2024 in exchange for the support of two Catalan parties, including Mr Puigdemont’s Junts party, for a second term for the Socialist prime minister.
Opposed by the conservative People’s Party, the measure covers acts linked not only to Catalonia’s self-determination referendum on 1 October 2017, but also events dating back to 2011.
Mr Puigdemont was charged by the Spanish courts in 2018 for his role in the referendum while serving as head of Catalonia’s regional government.
He fled Spain and has since lived in self-imposed exile in Belgium.
In a separate part of Thursday’s ruling concerning Mr Puigdemont, the EU court said the 2024 amnesty did not harm the European Union’s financial interests, contrary to claims made by Spanish judges.
Around 400 people have benefited from the amnesty so far.
However, Spain’s Supreme Court has refused to apply the amnesty to Mr Puigdemont on the charge of embezzlement. As a result, he remains the subject of an arrest warrant in Spain and is still awaiting a decision from Spain’s Constitutional Court on that issue.
