After navigating a twisting course in the Spanish parliament, amidst street protests and months of contentious national political discourse, the Catalan amnesty law is now in effect, though the precise boundaries of its impact remain undefined. The law, which seeks to recall any legal proceedings already instigated or awaiting initiation against those involved in separatist activities since 2011, was formalised in the state gazette on Monday as an “institutional, political and social normalisation of Catalonia”.
The following day, the Catalonia’s superior court, one of the several courts expected to put this law into action, commenced its proceedings, with two ex-regional presidents likely to benefit. The first is Artur Mas, temporarily banned from public roles for facilitating a non-commital independence referendum in 2014. The other, Quim Torra, faced similar charges for defiance; both have completed their penal sentences. The amnesty, however, could expunge their criminal backgrounds.
Calculations by the Spanish government suggest that roughly 400 Catalans stand to gain from this law, though pro-independence parties and organisations predict a considerably larger figure exceeding 1,000. The interim Catalan president, Pere Aragonès heralded the law’s rollout, stating that it “concludes the era of imprisonment, exile, and perpetual legal jeopardy”.
Notwithstanding, the amnesty has been aggressively challenged by right-wing objectors, asserting its unconstitutionality, claiming it favours Catalonia disproportionately, and arguing that it was only proposed by the Socialist government under Pedro Sánchez to placate Catalan nationalist parties that fortified his parliamentary standing. Conservative leader Alberto Núñez Feijóo called its passage “the darkest day in our democracy.”
For months, he has fuelling various large protests against the law and was instrumental in hindering its advancement in the Senate ahead of its eventual endorsement in Congress. However, the rollout of the law, scheduled to be finalised within two months, may not advance as seamlessly as its proponents anticipated.
On a recent Tuesday, supreme court justice Pablo Llarena chose to maintain existing arrest warrants for a number of separatist leaders, most notably the ex-president of Catalonia, Carles Puigdemont. Puigdemont, who has been residing overseas since 2017, has posed a continued challenge for Spanish unionism.
Llarena has displayed skepticism towards the suggestion of granting Puigdemont amnesty, primarily due to suspicions of financial misconduct not encompassed by the current amnesty legislation. If the courts, which are already under scrutiny from Catalan nationalists, were to determine that Puigdemont and other leaders do not qualify for amnesty, it could potentially exacerbate the existing conflict between the northeastern region and the capital, Madrid.
Puigdemont hopes to make his return to Spain to partake in the forthcoming investiture vote for the new Catalan government. Despite his aspiration to reclaim leadership of the regional government, it is speculated that he lacks the necessary parliamentary backing. Despite the unlikelihood of a political resurgence, Puigdemont’s potential return to his homeland as a free individual leaves Spain in a state of anticipation as they await the court’s verdict.