Union law

The Court of Justice of the European Union (CJEU) has said that the Spanish amnesty law approved to "normalize" the situation in Catalonia is compatible with European Union law. The idea of that law is to nullify (in certain cases) responsibilities criminal, administrative, and accounting related to the Catalan independence process , such as those arising from the organization of the illegal referendum and other actions linked to that context.

The case reaches Europe because two Spanish courts asked the CJEU whether this amnesty fit with EU rules and principles. Specifically, there were doubts in matters where some individuals were accused of having caused losses to the Generalitat for the use of public funds (for example, to organize the referendum or to promote independence internationally) and also in proceedings where terrorism-related crimes linked to that movement were investigated.

The CJEU concludes that Spain can approve such a law within its decision-making scope, as long as essential principles of the Union are not violated. And, according to the Court, the law pursues a specific political objective (to reduce tensions and promote reconciliation) and, in general terms, respects principles such as effective judicial protection, legal certainty, equality, and non-discrimination.

However, the CJEU also sets relevant limits . The amnesty must not cover conduct that constitutes serious human rights violations , and the identification of those cases corresponds to the national courts. Furthermore, the ruling states that the norm does not empty the fight against terrorism in the EU (Dir (EU) 2017/541), because the most serious cases are excluded and the principle of primacy of Union law is maintained.

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