Constitutional Court paves way for Puigdemont's return amidst clash with Supreme Court

The Constitutional Court has decided that the Amnesty Law must apply to the crime of misappropriation, which could facilitate Carles Puigdemont's return to Spain.

The Constitutional Court has taken a significant step toward applying the Amnesty Law by agreeing that this measure of grace must extend to the crime of misappropriation. This decision opens the door for the return of **Carles Puigdemont**, former President of the Generalitat de Catalunya, who is in exile in Belgium. The resolution of the high court, reached by majority vote, rejects the initial proposal of a conservative magistrate who opposed applying amnesty in cases such as that of former councilor **Jordi Turull**.

## A shift on misappropriation

The key to this decision lies in the interpretation of the crime of misappropriation, a major point of friction with the Supreme Court. The Supreme Court magistrate **Pablo Llarena** has maintained that misappropriation should not be granted amnesty, arguing that while there was no direct enrichment, public resources were used for illegal purposes, such as the October 1st **2017** referendum. However, the majority of the Constitutional Court appears to have adopted a different view, aligning with an interpretation that seeks broader application of amnesty.

This shift by the Constitutional Court trinc prior support for the measure of grace from the European Court of Justice (ECJ). The European court had dismissed another argument of the Supreme Court against granting amnesty, related to the impact on Europe's financial interests. Now, the Constitutional Court is once again central in this complex legal framework, days after the Supreme Court rejected a petition from **Puigdemont** and upheld the national arrest warrant against him.

## Next steps and appeals

The decision of the Constitutional Court plenary does not imply the automatic approval of amnesty for all involved parties. Magistrate **José María Macías**, whose initial proposal was rejected, will present a new proposal at the plenary session scheduled for October 6th, adjusted to the majority criteria. That same session will address the appeal filed by former councilor **Dolors Bassa**, and it is expected that the President of the TC, **Cándido Conde-Pumpido**, will present a favorable proposal.

Other appeals, including those of **Carles Puigdemont**, former vice president **Oriol Junqueras**, and former councilors like **Raül Romeva**, will be addressed in subsequent plenaries. For amnesty to be effective for **Puigdemont** and the rest of those prosecuted and convicted, it will be necessary to overcome the criteria set by Judge **Pablo Llarena**. The legal situation remains under development, and the final application of amnesty will depend on how these appeals are resolved and how the courts interpret European and national rulings.

## Political reactions

The Constitutional Court's decision has generated various reactions in the political sphere. **Jordi Turull**, Secretary General of Junts, interpreted the resolution as an "absolute disavowal of all judges and magistrates who chose to engage in politics, political activism, instead of fulfilling their duty to apply the Amnesty Law." For his part, **Maribel Vaquero**, spokesperson for the PNV in Congress, welcomed the inclusion of misappropriation in the amnesty, calling the process a "judicialization of politics." From EH Bildu, **Gorka Elejabarrieta** expressed that **Puigdemont** and the "persecuted" should have been free and with full rights a long time ago.