Overview
- Advocate General Dean Spielmann says the amnesty does not harm EU financial interests, does not breach the EU anti-terrorism directive, and does not amount to an auto-amnesty.
- He warns that procedural provisions, including a two-month mandatory deadline for courts and limits on participation by affected parties, may violate the right to effective judicial protection.
- The opinion covers questions from Spain’s Tribunal de Cuentas and Audiencia Nacional, including the CDR terrorism case, which he deems compatible with EU law given the law’s exclusions for grave rights violations.
- Although influential, the opinion is not binding, and the Court of Justice of the EU is expected to issue a final ruling in the coming weeks or months that will guide Spanish courts on pending cases.
- Spain’s government hails a “clear” validation and urges application to remaining beneficiaries such as high-profile procés figures, while the opposition PP cites the procedural objections to argue the law threatens rule-of-law principles.