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

The non-binding view sets the stage for a forthcoming EU court judgment that will shape how Spanish tribunals apply the measure.

Overview

  • The opinion finds the amnesty compatible with EU rules on protecting the Union’s financial interests and with the 2017 terrorism directive, rejecting the label of self-amnesty.
  • Dean Spielmann warns that a binding two-month deadline, automatic lifting of measures, and limiting who is heard could undermine effective judicial protection and judicial independence.
  • The Spanish government hails the conclusions as a clear vindication, while pro‑independence leaders Carles Puigdemont and Oriol Junqueras call for rapid application to remaining cases.
  • The Court of Justice of the EU will issue the final ruling in the coming weeks or months, after which the Constitutional Court and other Spanish courts will determine case-by-case implementation.
  • Madrid underscores that any return by Puigdemont depends on court decisions, as national bodies such as the Tribunal de Cuentas and Audiencia Nacional continue to handle pending proceedings.