Spain’s Supreme Court (Tribunal Supremo) applied the amnesty to four key figures in the Catalan independence conflict on 20 October 2026. The Criminal Chamber declared the criminal liability of Oriol Junqueras, Dolors Bassa, Jordi Turull and Raül Romeva for Malversación (misappropriation of public funds) to have been extinguished and lifted the remaining bans on holding public office. Those affected have therefore been legally rehabilitated and are once again eligible for public office.
The decision follows the line taken by Spain’s Constitutional Court (Tribunal Constitucional), which on 6 October 2026 ruled that the Amnesty Law applied to the offence of Malversación. The Tribunal Supremo explicitly relies on this constitutional ruling and adopts its interpretation. At the same time, in its reasoning, the Supreme Court rejects objections previously raised by figures associated with the Constitutional Court and criticises the “unnecessary bombast” of some wording. The court thus both demonstrates that it is bound by constitutional case law and highlights the continuing tensions between the two highest courts.
The government in Madrid welcomed the application of the amnesty to the four former regional ministers as implementation of the Constitutional Court’s guiding ruling. Opposition parties, by contrast, announced political and legal action. Legal experts point out that the Tribunal Supremo’s ruling does not reassess the EU and constitutional limits of the amnesty, but rather gives practical effect to the Tribunal Constitucional’s interpretation. In commentators’ view, outstanding legal questions mainly concern residual secondary consequences in individual proceedings and possible implications for other pending cases linked to the “procés”.
The background is the Amnesty Law, passed by Parliament to bring numerous proceedings related to Catalonia’s 2017 independence referendum to an end. While supporters view the amnesty as a step towards political normalisation, critics see it as an interference with judicial independence and an erosion of criminal accountability. The Tribunal Supremo’s current ruling does not shift this dispute to the level of principle; instead, it addresses specific sentences that remain in force within a narrowly defined scope of application.
The ruling overturns the relevant criminal penalties imposed on Oriol Junqueras, Dolors Bassa, Jordi Turull and Raül Romeva. Further procedural consequences in other strands remain unaffected by the decision just made unless and until they are decided separately.
Editor: Mira Cadena (Article created with AI assistance).