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EU Advocate General Backs Core of Spain’s Amnesty Law, Flags Procedural Flaws

The nonbinding opinion narrows the EU‑law dispute over financing and terrorism issues, with a binding judgment to come.

Overview

  • The opinion finds the amnesty does not undermine the EU’s financial interests and does not violate the EU anti‑terrorism directive.
  • Dean Spielmann warns that the law’s two‑month deadline, limits on who may appeal filings, and automatic lifting of cautions could breach effective judicial protection and judicial independence.
  • The guidance covers referrals from Spain’s Tribunal de Cuentas on 1‑O spending and from the Audiencia Nacional on the CDR terrorism case, and it supports applying amnesty in both domains.
  • Spielmann notes the measure appears aimed at political and social reconciliation and does not constitute a self‑amnesty or include grave human rights violations.
  • The view is not binding; the Court of Justice will issue a final ruling in weeks or months, while Spanish courts continue disputes over applying the law in malversación cases involving figures such as Carles Puigdemont.