The Tribunal Constitucional in Madrid on 22 September 2026, by a majority decision, cleared the way for Spain’s Amnesty Law of 2024 to be applied to cases involving the misappropriation of public funds (Malversación). The rapporteur in the case was instructed to revise the draft he had previously prepared to reflect the majority position. The formal ruling is still pending and is due to be considered and adopted at a forthcoming plenary session; the next date has been 6 October 2026 named.
The proceedings concern several constitutional appeals against decisions by the Tribunal Supremo in connection with the Catalan independence conflict. These include an appeal by Carles Puigdemont, which has been pending since 2025. Under the interpretation now envisaged, the amnesty would in principle also cover acts classified as Malversación. This could lift disqualifications from public office and invalidate national arrest warrants, provided the decisions concerned are reviewed and amended after the final ruling is published.
Whether Malversación is eligible for amnesty was the central point of dispute. An earlier version of the draft decision rejected this; the majority position that has now become clear in the plenary session instead supports a broader application of the amnesty law. This would widen the legal scope for Puigdemont to return to Spain , without necessarily being arrested on arrival. Until the court reaches its final decision, however, this remains a possibility, not a fact.
The 2024 amnesty law was politically controversial and legally complex. It aims to ease the conflict in Catalonia and normalise relations, but also raises fundamental questions about the separation of powers and the rule of law. In previous proceedings concerning immunity and standards under EU law, the Court of Justice of the European Union has set out positions that have fed into Spain’s legal and political debate. The reasoning in the forthcoming Tribunal Constitucional ruling will have to clarify the precise scope of the amnesty and how it is compatible with the relevant national and European requirements.
Until the final decision is published, administrative measures such as the lifting of disqualifications or arrest warrants remain suspended. Concrete consequences for individual proceedings in Madrid and Catalonia are not expected until the plenary formally adopts the decision and the competent authorities subsequently implement it.
Editor: Phillipe Schmidt-Araguin (Article created with AI assistance).