The Constitutional Court to Address First 'Procés' Amnesty Appeal on September 22

The Constitutional Court's Pivotal Role

Spain's Constitutional Court (TC) is poised to play a decisive role in the ongoing saga of the Catalan independence movement, known as the 'procés.' Following the European Court of Justice's (CJEU) endorsement of Spain's amnesty law, the TC has scheduled its first deliberation on September 22. This session will focus on the appeal filed by Jordi Turull, a former Catalan minister, whose request for amnesty was previously denied by the Supreme Court.

The TC's decision on Turull's case is not merely about an individual; it is expected to establish a crucial legal precedent, or 'doctrine,' that will guide the resolution of similar appeals from other 'procés' leaders. This includes high-profile figures such as Oriol Junqueras, Raül Romeva, Dolors Bassa, and those prosecuted in absentia like Carles Puigdemont, Toni Comín, and Lluís Puig. The court's interpretation of the amnesty law, particularly concerning the crime of embezzlement, will have far-reaching implications for the political and judicial future of Catalonia.

Implications for 'Procés' Leaders

The Supreme Court had previously rejected amnesty for several pro-independence leaders, arguing that the embezzlement charges against them were not covered by the new law. The Constitutional Court's upcoming ruling will directly address this interpretation. If the TC decides to grant Turull's appeal, it would effectively overturn the Supreme Court's stance, potentially paving the way for the amnesty to be applied to all seven leaders involved in similar cases. Court sources suggest that such a ruling could compel the Supreme Court to apply the doctrine ex officio to all affected individuals, streamlining the process.

Conversely, a rejection of Turull's appeal by the TC would mean that each of the seven appeals would have to be addressed individually, prolonging the legal uncertainty. This outcome could also intensify political tensions, as it would maintain the judicial pressure on the pro-independence leaders and potentially reignite protests and political friction in Catalonia. The stakes are high, as the TC's decision could either facilitate a path towards reconciliation or deepen existing divides.

Potential for Delays and Precedent

The process within the Constitutional Court itself is not without potential for delays. The rapporteur for Jordi Turull's case is conservative magistrate José María Macías, who has been openly critical of the amnesty law. Should Macías propose rejecting Turull's appeal, and if the majority of the court disagrees, a new rapporteur would need to be appointed to draft a ruling in favor of granting the appeal. This procedural step could push the final decision on Turull's case into October, further extending the timeline for resolution.

Despite potential delays, the significance of this first ruling cannot be overstated. The doctrine established will serve as a benchmark for how the amnesty law is applied to the most contentious cases arising from the 2017 independence referendum. It represents a critical juncture in Spain's efforts to address the political fallout from the Catalan 'procés' through legislative and judicial means, with profound implications for national unity and regional autonomy.