The Constitutional Court has officially upheld the constitutionality of the recently passed amnistie law after a thorough four-day debate. The ruling was decided by a progressive majority of six judges, compared to four judges on the conservative side. This decision marks a significant step, setting a precedent for over thirty pending cases that will be addressed after the summer.
The court concluded that the amnistie law is constitutional, as it responds to an exceptional situation and serves a legitimate public interest. Additionally, the majority opinion stated that there is no explicit prohibition in the constitution against granting amnesties, and the law does not violate the principle of separation of powers. Importantly, it also confirmed that the law does not infringe upon European Union anti-terrorism frameworks.
While the ruling rejected the popular party’s appeal, it clarified that some aspects of the law are unconstitutional. Specifically, article one point one does not provide amnistie for acts aimed at rejecting the process, and the second paragraph of article one point three allows amnistie for actions that occurred after thirteenth November two thousand and twenty-three. The ruling emphasised adherence to lawful process in the examination of charges, maintaining due process in the judicial system.
Despite this ruling, the situation remains unchanged for significant figures such as former Catalan president Carles Puigdemont, who are accused of corruption and will not benefit from the amnistie law. Their situations will need to wait until related appeals are resolved, which may not occur until autumn.
This article was written with AI assistance and reviewed by a human editor before publication.