The PP used its absolute majority in the Senate on Tuesday to approve a veto on the amnesty law, a step in the parliamentary process that brings the law closer to coming into effect. The text will now return to the Congress, where it is expected to pass with the support of the PSOE and its parliamentary partners for final approval. The intent is for this to happen in a plenary session on May 30th. Once approved, the law will be published in the Official State Gazette (BOE) and come into force. This will lead to the immediate lifting of precautionary measures and arrest warrants for some of those involved in legal proceedings, including Carles Puigdemont, leader of Junts. The Supreme Court will need to revoke the national arrest warrant against him, allowing him to return to Spain without the risk of detention.
The deadline for the establishment of the new Catalan Parliament elected last Sunday is June 10th. Depending on when this session is scheduled, Puigdemont could potentially attend the inaugural session, although he has not committed to doing so. The new Parliament president will have 10 working days to convene the investiture session, ending on June 25th. By then, the Supreme Court may not have decided on Puigdemont’s amnesty in his ongoing legal cases related to the procés and Tsunami Democràtic. The court has two months from the law’s entry into force to decide whether to grant amnesty, refer the case to the European Court of Justice or the Constitutional Court, or reject the amnesty in either case. Any decision by the court will have significant implications for Puigdemont and other fugitives, as well as for the convicted independence leaders who were granted pardons but still face disqualification.
Oriol Junqueras, reaffirmed as president of ERC, faces a similar situation. His conviction would be nullified by the amnesty, but if the Supreme Court refers the case to the ECJ, the application of the amnesty would be suspended until a decision is made. Legal sources estimate a process duration of eight to 18 months in the European court. These timelines could impact Junqueras’ eligibility for elections, in case Sunday’s election needs to be repeated. If the Supreme Court determines that certain crimes, such as embezzlement, are not covered by the amnesty, Junqueras could face further legal consequences. The law specifies that no personal enrichment should have been intended for amnesty to apply, but judicial interpretation may vary.
The Supreme Court anticipates discussions on the application of amnesty to the Tsunami Democràtic case, which involves allegations of terrorism. The court and the National Court are investigating this case, with potential exceptions for terrorism-related charges under the amnesty law. Key figures like Marta Rovira, secretary general of ERC, may be affected by the outcome. With various legal proceedings hanging in the balance and potential appeals to higher courts, the future legal status of several Catalan politicians remains uncertain. The legal interpretation and application of the amnesty law will play a crucial role in determining the fate of those involved in the procés and related cases in the coming months.
