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Constitutional Court Rejects Recusals to Proceed With Puigdemont Amnesty Appeal

The unanimous ruling removes the last procedural barrier for the tribunal to examine whether the amnesty covers the malversación case linked to the 2017 referendum.

Overview

  • By unanimous vote, the court inadmitted challenges against magistrates José María Macías, Concepción Espejel and Enrique Arnaldo sought by Carles Puigdemont and Toni Comín.
  • The tribunal also dismissed a State Attorney bid to recuse Macías and a Vox attempt to recuse court president Cándido Conde-Pumpido.
  • With recusals resolved, the court will admit the amparo appeals and open a separate track to assess a request to suspend Puigdemont’s domestic arrest order.
  • Judges will first hear the Prosecutor’s Office, the State Attorney and Vox, a process court sources estimate will take roughly six to eight weeks, and they have already rejected a fast-track cautelarísima.
  • The review will weigh the Supreme Court’s stance that referendum spending amounted to illicit enrichment, and the tribunal is watching pending guidance from the EU Court of Justice, including an advocate general opinion expected in mid-November.