Cándido Conde-Pumpido has reminded the Tribunal Supremo that the case law of the Tribunal Constitucional is binding and called on it to issue an “appropriate decision” on the application of the Ley de Amnistía The president of the Constitutional Court announced that the plenary session would discuss pending questions of interpretation on 6 October 2026 and promptly send the standards it adopts to the Supreme Court.
According to consistent reports, the plenary has before it a ponencia arguing that the amnesty should also cover the offence of Malversación in cases connected with the Procés Conde-Pumpido stressed that the decision must be worded “clearly, precisely and unequivocally”, so that the relevant judicial panels can apply it without room for interpretation. The announced discussions concern two cases on the constitutional scope of the amnesty and the formal requirements for its application.
The two highest courts currently disagree: in several orders, the Tribunal Supremo has declined to apply the amnesty to malversación. The president of the Tribunal Constitucional, by contrast, points to the binding nature of constitutional court doctrine for all state bodies and courts. He said the result of the plenary vote would be sent promptly to the Supreme Court to clarify the question of enforcement in the cases concerned.
The forthcoming decisions arise in constitutional appeals and amparo applications, including cases relating to rulings connected with the political conflict in Catalonia. Depending on the outcome, they could affect the enforcement of outstanding judgments, pending custody and investigation orders, and the status of individuals involved. However, the Constitutional Court will not make a definitive statement about immediate personal consequences until after the plenary vote.
The Ley de Amnistía was published in the Boletín Oficial del Estado in summer 2026 and sets out the substantive and temporal conditions under which acts connected with the Procés may be exempted from prosecution and sanctions. At this stage, the Tribunal Constitucional is not expected to decide individual cases, but to set out the constitutional framework. Interpretation remains disputed ahead of the hearing on 6 October 2026; a definitive resolution will depend on the wording of the forthcoming decisions and how the Tribunal Supremo responds to them.
Editor: Mira Cadena (Article created with AI assistance).