Supreme Court Maintains Obstacle
The European Court of Justice's ruling in July 2026 confirmed that EU law does not oppose Spain's amnesty law, but it has not resolved Carles Puigdemont's legal limbo. The former President of the Generalitat cannot yet benefit from the law, as his arrest warrant in Spain remains active. Supreme Court Judge Pablo Llarena has again refused to grant amnesty to Puigdemont and Toni Comín over charges of embezzlement. The court maintains that public funds used for the 2017 independence referendum provided a personal financial benefit, by sparing leaders from paying out of pocket, and thus falls outside the amnesty's scope.
Constitutional Court to Decide Key Precedent
Llarena has left the door open for future reconsideration. The Constitutional Court is set to rule on a related appeal by Jordi Turull, with hearings beginning on 22 September 2026. If the court finds that the Supreme Court's interpretation is incorrect, Llarena has indicated he will apply that doctrine to Puigdemont, Comín and Lluís Puig without waiting for their individual appeals to conclude.
Europe has cleared up many doubts about the law, but its concrete application continues to depend on how the different Spanish courts interpret its limits.
Separate Accounting Proceedings Continue
A second legal front remains active at the Court of Accounts, which is assessing financial liability for referendum-related spending and foreign activities of the Generalitat. Though distinct from criminal embezzlement, this process was not immediately closed after the European ruling. A new procedural phase has opened to hear affected parties. Recent indications suggest the Court of Accounts may apply the amnesty to the 35 former officials involved, including Puigdemont.
Defence Warns of Further Legal Action
Puigdemont's legal team, led by Gonzalo Boye, has filed a complaint with the European Court of Justice, alleging that the Court of Accounts is delaying implementation of the EU ruling. They have warned of potential legal actions against the Spanish State if the amnesty is not fully applied. The key moment now lies with the Constitutional Court. Its decision on Turull's case could determine whether Puigdemont can finally return to Spain without arrest risk. For now, the amnesty exists in law, but not in effect, for the exiled former president.
Reported by Catalan News, CatNoticias.
