On Friday 4 September, the Tribunal Superior de Justícia de Catalunya (TSJC), Catalonia’s High Court of Justice, said it still had “reservations” about extending Spain’s amnesty law to alleged embezzlement linked to the independence process. The ruling means former ERC officials Josep Maria Jové and Lluís Salvadó will not receive amnesty at this stage, leaving their cases unresolved despite a July judgment by the Court of Justice of the European Union (CJEU).
For Catalan residents following the legal aftermath of the 2017 independence process, the order keeps open a key dispute over whether public spending connected to the process can be covered by the amnesty law.
TSJC keeps its question before the Luxembourg court
The TSJC’s Civil and Criminal Chamber rejected a request from Jové’s defence to withdraw its preliminary question to the CJEU. That question remains pending before the Luxembourg-based court.
The TSJC said it retained “reservations” over granting amnesty for embezzlement in the independence process.
According to the court order reported by eldiario.es, the judges consider that the CJEU’s July ruling did not answer whether expenditure on the process can be amnestied when treated as a form of corruption.
July CJEU ruling found no harm to EU finances
In July, the CJEU ruled on a referral from Spain’s Court of Auditors and found that public funds used for the independence process did not affect the European Union’s financial interests. The court held that the amnesty law could serve the purpose of political reconciliation.
CJEU President Koen Lenaerts said in a video message, as reported by Ara, that decisions made by leaders and activists during the independence movement were “not comparable” to acts committed in another context. He described the law’s stated aim as reducing institutional and political tensions between Madrid and Barcelona to facilitate reconciliation.
The TSJC’s pending referral will determine whether that EU judgment resolves its objections concerning the alleged embezzlement cases involving Jové and Salvadó.
Reported by eldiario.es, en.ara.cat, politico.eu.
