The progressive majority of the Constitutional Court considers the amnesty for the 'procés' to be constitutional.

The Constitutional Court is ready to endorse the Amnesty Law. The progressive majority yesterday considered that the provision of criminal pardons for the independence process —promoted by the government and pro-independence parties—is fully in line with the Constitution, and therefore the ruling will be voted on today. It will be passed, despite the four dissenting votes from conservative judges.

The text rejects almost the entire appeal by the Popular Party, thus upholding the criterion that the law is neither arbitrary nor creates inequality. The ruling will inform the remaining thirty appeals awaiting the Constitutional Court, which will also hear the appeal by former President of the Generalitat (Catalan Government) Carles Puigdemont. Although the Supreme Court yesterday rejected his latest attempt to be amnestied for embezzlement, this decision paved the way for him to appeal to the judicial body.

Read also

The third block of the plenary session, dedicated exclusively to the People's Party's appeal against the law, concluded yesterday. After the Constitutional Court on Monday opposed waiting for the Court of Justice of the European Union (CJEU) to rule on the law, and on Tuesday it was ruled that amnesties, in the abstract, are within the Constitution, allowing legislators to approve such laws, yesterday's session focused on reinforcing the respect of the law approved by the majority in the Congress of Deputies just over a year ago, in addition to addressing some challenges to certain articles, according to sources from the Court of Guarantees.

The ongoing deliberations were adopted by a majority of six progressive judges to four conservative ones. These are the same numbers with which the Constitutional Court is expected to issue the ruling validating the core of the amnesty before noon today. It will only side with the main opposition party on minor issues.

The ruling of the guarantees body, according to legal sources, will incorporate virtually the entire report drafted by Vice President Inmaculada Montalbán. President Cándido Conde-Pumpido described the text as "excellent." Vice President Inmaculada Montalbán's draft argues that the amnesty is in line with the Constitution, that it is neither arbitrary nor a whim, and that the reason for the law is "legally irrelevant."

Former president and former minister Toni Comín are now cleared to appeal to the Constitutional Court.

Just yesterday, Prime Minister Pedro Sánchez, at the press conference for the NATO Summit in The Hague, asserted that the Constitutional Court's endorsement compensates for "the attacks" he has received during this term for promoting the law. "All the efforts have been worth it," asserted the leader of the Executive, who emphasized that the law "came from the legislative branch, not the executive branch," a nuance he finds "very relevant." He also noted that his government "always" maintained that it would be "fully constitutional."

Today's ruling will be the first on the amnesty, but not the only one. The judicial body has more than thirty related cases pending, but will not address them until after the summer. Rulings could be issued throughout 2026, including one against the leader of Junts. Yesterday, the Supreme Court's Appeals Chamber upheld the decision of the presiding judge in the independence process , Pablo Llarena, not to grant amnesty for embezzlement to the former president, by refusing to admit the motion for annulment he filed. The same decision was made for former minister Toni Comín, both fugitives.

Now that Puigdemont's last remaining option in the Supreme Court has been rejected, his defense team can now appeal to the Constitutional Court for protection, as has been done by his former vice president, Oriol Junqueras, and the other ministers convicted of embezzlement.

However, the draft ruling that will be voted on this morning does not address the crime of embezzlement. This is because the Popular Party did not address it in its appeal, so we will have to wait for the appeals for protection by Junqueras and the rest of those convicted before a ruling on this controversial matter is issued. This point is crucial because the Supreme Court's interpretation of the crime of embezzlement and the impact on the EU's financial and economic interests in the independence process is what has prevented the full application of the amnesty to both Puigdemont and Junqueras.

The Supreme Court upholds Llarena's decision not to grant amnesty to Puigdemont for embezzlement.

Thus, according to legal sources, the Supreme Court remains relatively calm regarding today's approval, since its judges have based their decisions on the legal interpretation of the Amnesty Law, not its constitutionality.

Therefore, the same sources anticipate that the arrest warrants against Puigdemont and former ministers Comín and Lluís Puig will be upheld, as will the disqualification sentences for Junqueras and the other convicted individuals.