ECJ Scrutinizes Spain's Amnesty Law for Catalan Activists Amid EU Legal Concerns

July 16, 2025
ECJ Scrutinizes Spain's Amnesty Law for Catalan Activists Amid EU Legal Concerns
  • This review includes a separate case concerning the amnesty for pro-independence activists facing terrorism charges, assessing its alignment with EU anti-terrorism legislation.

  • A significant hearing took place on July 15, 2025, in Luxembourg, focusing on the legality of Spain's Organic Amnesty Law for Catalan separatists.

  • Civic group SCC, opposing Catalan independence, argued that the law could lead to systemic impunity and violate EU law.

  • The European Commission warned that the law risks creating a 'self-amnesty' that could undermine judicial independence and the rule of law.

  • Concerns were also raised about specific provisions of the law, such as the two-month application limit and the exclusion of certain terrorist offenses unless they caused death or torture, which may conflict with EU anti-terror directives.

  • This hearing follows earlier concerns from Spain's Court of Auditors regarding the use of public funds during the 2017 independence referendum.

  • The amnesty law is part of a political agreement between Spain's Socialist Party and Catalan pro-independence parties, aimed at pardoning individuals involved in the 2017 referendum.

  • The ECJ is expected to deliver a ruling on the law's compliance with EU law by September 2025, but Spanish courts will ultimately decide on its application.

  • A final judgment from the EU Court of Justice is anticipated in several months, which could have broader implications for regions across Europe seeking independence.

  • During the hearing, the European Commission expressed concerns about the law's respect for legal certainty and equality, criticizing it as serving political interests rather than the common good.

  • In contrast, lawyers for the Spanish government and the defendants defended the law as a constitutional matter, highlighting disagreements over its legality.

  • The European Court of Justice (ECJ) is currently reviewing Spain's amnesty law related to the Catalan independence movement to determine if it complies with EU law and values.

Summary based on 2 sources


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