Probe Closed Ahead of Final Ruling
On Tuesday 3rd November 2026, Supreme Court investigating judge Pablo Llarena formally concluded the investigation into former Catalan president Carles Puigdemont and ex-ministers Antoni Comín and Lluís Puig. In an interlocutory order published at midday, Llarena declared the summary concluded and forwarded the proceedings to the Criminal Chamber of the Supreme Court for a final decision on the application of the amnesty law. This step removes the indictment that had remained in place against Puigdemont for embezzlement and disobedience, following earlier resistance by the court to applying amnesty to that charge. The decision aligns with a recent Constitutional Court ruling that extended protection to former officials prosecuted for embezzlement, including Dolors Bassa, setting a precedent now applied to Puigdemont’s case.
Final Decision Rests with Criminal Chamber
The Criminal Chamber, led by Judge Manuel Marchena, will now decide on the unconditional dismissal of the proceedings. It has already applied the amnesty to other leaders of the procés, including Oriol Junqueras, Raül Romeva, Jordi Turull and Dolors Bassa, following the Constitutional Court’s resolution. Llarena also dismissed appeals for reconsideration filed by Puigdemont and Comín, resolving all matters under his jurisdiction before transferring the case. He reaffirmed that the amnesty law, in force since 2024, and the Constitutional Court’s binding interpretation require the extinction of criminal liability, even where he personally disagrees with the reasoning.
The Constitutional Court's resolution must be applied, even if I do not share its reasons, and my disagreement cannot condition or delay compliance.
The judge reiterated that his October decision to lift national arrest warrants did not amount to a final closure of the case, which remains the responsibility of the Criminal Chamber.
Tensions Mount Between Courts
The Supreme Court has previously criticised the Constitutional Court’s language in its ruling, describing its tone as "unnecessary grandiloquence" and accusing it of overreach. In response, Constitutional Court President Cándido Conde-Pumpido has called for respect for both constitutional and ordinary jurisdiction, warning that judicial independence depends on it. Despite the friction, Llarena stressed that the Constitutional Court’s doctrine must be followed. His decision marks a decisive shift toward the legal closure of the procés cases, with Puigdemont now free to return to Spain without fear of arrest. The Electoral Commission has already summoned Comín to swear allegiance to the Constitution ahead of taking his seat in the European Parliament, a process now viable under the amnesty.
Sources: El Confidencial, elconstitucional.es, Ara, RTVE.
