Update, 6 October 2026: The Constitutional Court ordered the Supreme Court to grant amnesty to leaders of the 2017 Catalan independence referendum in a 'preferential and urgent' manner, finding that former Supreme Court president Manuel Marchena had violated rights to effective judicial protection and criminal legality. Within hours, Judge Pablo Llarena lifted national arrest warrants against Carles Puigdemont, Toni Comín and Lluís Puig, while the disqualifications of Oriol Junqueras, Jordi Turull, Dolors Bassa and Raül Romeva from public office were ended, according to Diari ARA.
Update, 6 October 2026: The plenary session of Spain's Constitutional Court met on 6 October 2026 to issue a ruling expected to compel the Supreme Court to apply amnesty to embezzlement charges linked to the 2017 independence referendum, according to Diari ARA. Legal sources indicated the decision must be clearly worded to trigger action, though the court’s schedule remains unaffected by the general election being moved to 29 November, Diari ARA reported.
Update, 1 October 2026: Court President Cándido Conde-Pumpido stated that the Supreme Court's exclusion of embezzlement from amnesty was "contrary to the spirit and purpose of the law", and that extending amnesty was "the only thing reconcilable with logic and common sense", according to NacióDigital. The ruling is expected to prompt Judge Pablo Llarena to lift arrest warrants against Puigdemont, Comín and Lluís Puig without awaiting individual appeals, and to invalidate disqualifications for Junqueras, Romeva, Turull and Bassa. NacióDigital reported.
The Constitutional Court took its first decisive step on Tuesday 22 September 2026 toward enabling Carles Puigdemont's return to Spain, as a progressive majority backed the application of amnesty to the embezzlement conviction of former Catalan minister Jordi Turull.
The ruling, reached after two hours of deliberation, saw seven of the 12 magistrates oppose the report drafted by conservative judge José María Macías, who had argued against granting Turull's appeal for protection. The rejection of Macías's position marks a pivotal shift, allowing the legal process to move forward for other leaders of the 2017 Catalan independence process.
Macías, in the minority, maintained that there was no "manifest unreasonableness or patent error" in the Supreme Court's refusal to apply amnesty, which rests on the argument that embezzlement involved personal financial gain. However, the majority disagreed, clearing the way for a new report aligned with their interpretation to be drafted by Macías himself by 6 October 2026.
Next Steps for Puigdemont's Return
The decision brings Puigdemont, who has been in self-imposed exile for nearly nine years, a significant step closer to returning to Spain without arrest. The Constitutional Court's endorsement follows a July 2024 ruling by the Court of Justice of the European Union (CJEU), which confirmed that Spain's amnesty law does not breach EU financial interests, provided it excludes serious human rights violations and proven embezzlement linked to personal enrichment.
Despite the CJEU's decision, Supreme Court judge Pablo Llarena has so far refused to lift Puigdemont's European arrest warrant, citing the unresolved issue of personal gain. The Constitutional Court's current stance challenges that interpretation, setting the stage for potential reconsideration.
The next step will be on Tuesday 6 October, when Macías will propose a new opinion in line with the majority verdict.
Parallel Proceedings and Judicial Strategy
Simultaneously, Court President Cándido Conde-Pumpido is preparing his own opinion on the appeal filed by Dolors Bassa, another former Catalan minister. Conservative legal observers view this as a strategic move to shape the final doctrine applied to all 'procés' leaders, including Puigdemont.
The Constitutional Court's decision does not immediately lift arrest warrants but establishes a legal precedent that could compel the Supreme Court to reassess its position. Legal experts say the momentum now favours the return of exiled figures, pending final judicial coordination.
Primary sources: infocuria.curia.europa.eu. Reported by elconfidencial.com, Ara Cat, La Sexta Barcelona, El Confidencial.
