Overview
- The Advocate General, Dean Spielmann, finds the law largely compatible with EU rules, says it does not harm the Union’s financial interests, rejects the “self‑amnesty” label, and sees no conflict with the 2017 terrorism directive.
- He warns that a binding two‑month deadline, automatic lifting of precautionary measures, and limits on who is heard could undermine judicial independence and the effectiveness of EU review.
- The Court of Justice’s final judgment is expected in the coming weeks or months, and while the opinion is influential, it does not bind the judges.
- The Spanish government celebrated the view; Junts and ERC urged swift application, Puigdemont welcomed the analysis but stressed Spanish judges will decide, and Minister Félix Bolaños said any return does not depend on the executive.
- Domestic cases remain pivotal as the Supreme Court has declined to apply the amnesty in some malversation matters and appeals sit before the Constitutional Court, with potential outcomes that could enable returns and lift bans if courts align with the EU view.