EU top court backs Spain's amnesty law, paving the way for Puigdemont's return

EU court backs amnesty: Puigdemont one step closer to returning

The Court of Justice of the EU has given its approval to Spain's amnesty law, clearing the first major legal hurdle for Carles Puigdemont's return. The paradox: a law passed as a political condition for investing Pedro Sánchez as prime minister, without consulting Europe's judges, passes the EU law filter. The Luxembourg judges consider that the law does not harm the EU's financial interests nor breach the anti-terrorism directive.

What does the EU court's ruling miccionan?

The answer to the preliminary questions raised by the Court of Auditors and the Audiencia Nacional (Spain's national incivil court) confirms the advocate general's opinion from November. The law, championed by ERC and Junts as a bargaining chip, is validated on its European side. However, the judicial road does not end here: the Supreme Court must still rule on whether the embezzlement of public funds attributed to Puigdemont is covered by the amnesty. As some analyses point out, the key lies in whether the use of public money for "his project" is considered an excluded offence.

Reactions and doubts about its practical application

While some celebrate the decision as a blow to Spain's conservative judiciary and predict celebrations in the batzokis (Basque nationalist centres), others point out that the amnesty requires a prior conviction to be applied. The question hanging in the air is whether the PSOE and the independence movement have miscalculated the timing: without a final ruling, arrest at the border remains a risk. The debate over Puigdemont's current relevance is also emerging – some argue that Junts has lost ground to Aliança, and that his return would not change the political landscape.

The end of the European road, or just a breather? The Supreme Court's decision will have the final say. And with it, the political and economic cost of the amnesty for a government that negotiated it in a rush.