Carles Puigdemont, the former president of the Generalitat, Catalonia’s devolved government, still faces arrest if he returns to Spain, despite a Court of Justice of the European Union ruling backing Spain’s amnesty law in July.

For Catalonia residents, this means there will be no immediate return by Puigdemont after nearly nine years abroad. His ability to return depends on whether Spain’s Constitutional Court upholds his appeal and orders the Supreme Court to withdraw the domestic arrest warrant.

EU court backs the amnesty law

The Court of Justice of the European Union ruled on 16 July that the amnesty law does not breach European Union rules on terrorism or the EU’s financial interests, according to reporting on the judgment by Euronews and ARA.

The ruling answered questions referred by Spain’s Court of Auditors over financial liability linked to the 1 October 2017 independence referendum, and by the National High Court in a terrorism investigation involving Catalan separatist activists.

  • The Court of Auditors must consider the judgment in cases concerning the referendum’s accounts.
  • The National High Court must consider it in the case concerning the Committees for the Defence of the Republic, known as CDRs.
  • The judgment does not itself decide whether Puigdemont qualifies for amnesty or cancel his arrest warrant.

Supreme Court warrant remains in force

Spain’s Supreme Court has not applied the amnesty to Puigdemont in the case concerning the use of public funds for the 2017 referendum. It has maintained that the alleged diversion of funds involved personal enrichment, an exclusion it considers relevant under the amnesty law.

The Luxembourg court did not rule on that assessment. It said the Spanish courts must apply the European judgment in the cases still open, while the Constitutional Court examines Puigdemont’s appeal for constitutional protection.

The Constitutional Court was not expected to decide before October, after the summer judicial recess. Puigdemont can return to Spain without the risk of arrest only if the court rules in his favour and the Supreme Court withdraws the warrant.

Primary sources: lamoncloa.gob.es. Reported by elmundo.es, Núria Orriols, Euronews.com, OLATZ HERNÁNDEZ, politico.eu.