Der Verfassungsgerichtshof wird am 22. September den ersten der Beschwerden gegen den Obersten Gerichtshof wegen Nichtanwendung der Amnestie gegen Führer des Prozesses entscheiden

The Spanish Constitutional Court has scheduled a hearing for September 22 to rule on the first of several appeals filed against the Supreme Court’s decision to deny amnesty to leaders of Catalonia's independence movement. The appeal challenges the Supreme Court’s ruling that prevented the application of Spain’s Amnesty Law to high-ranking members of the Catalan government who were convicted of misusing public funds during the illegal referendum held on October 1, 2017. The Supreme Court argued that these individuals had enriched themselves financially by avoiding personal expenses related to the referendum, which was funded through public money. Among those affected by the Supreme Court’s decision was Jordi Turull, former Catalan minister of the presidency, who filed an appeal with the Constitutional Court. His case will be the first reviewed by the Constitutional Court. The assignment of this case falls to Judge José María Macías, a conservative member of the court, who is expected to argue against dismissing the appeal. This position contrasts with the majority of progressive judges on the court, who support Turull’s claim. This ruling could set a precedent for other appeals filed by Catalan independence leaders seeking similar relief. If the progressive majority upholds Turull’s appeal, it would pave the way for the immediate return of Carles Puigdemont, the former president of Catalonia, to Spain under the terms of the Amnesty Law, free from legal obstacles. The Constitutional Court had been waiting for the European Court of Justice (ECJ) to resolve two preliminary questions raised by Spain’s National Audit Office and the National Court. The ECJ ruled that the Amnesty Law did not violate EU regulations and endorsed its stated goal of promoting social reconciliation following the threat of separation posed by the independence movement. This endorsement cleared the path for the Constitutional Court to proceed with reviewing the appeals submitted by Catalan independence leaders. According to insiders familiar with the case within the Constitutional Court, the ruling will represent a setback for the Supreme Court, whose interpretation of the embezzlement charges against the independence leaders was not supported by the factual evidence presented in the unanimous sentencing decision issued by the seven-judge panel. The Supreme Court’s interpretation of the offense committed by the independence leaders was based on assumptions not found in the proven facts of the case. The outcome of the Constitutional Court’s decision could have far-reaching implications for the legal status of Catalan independence figures and the broader political landscape in Spain. The court’s ruling on Turull’s appeal may influence how other cases involving similar legal arguments are handled. The Constitutional Court’s decision will provide clarity on whether the Amnesty Law can be applied to those convicted of financial misconduct linked to the independence movement. The court’s resolution of this issue will be closely watched by legal experts and political observers alike.