The Constitutional Court approves the amnesty law, but Puigdemont still won't be able to return

The Constitutional Court has just announced its decision to endorse the Amnesty Law agreed upon by President Pedro Sánchez's government and its separatist partners. The jurists have issued their conclusion after three days of deliberation: the amnesty does fit within the Spanish Constitution.

This was an essential step for Government, ERC, and Junts to move forward toward the effective implementation of the law. It was approved in the Congress of Deputies in May 2024, but it has faced reluctance from judges when it comes to applying it. The endorsement from the Constitutional Court, where the progressive majority ultimately prevailed, should smooth things out for President Sánchez and Puigdemont.

However, it won't be that simple, because the investigating judge of the Supreme Court, Pablo Llarena, announced his intention to keep the arrest warrant against the former Catalan president. Llarena believes that whether the amnesty is constitutional or not is irrelevant in the case of embezzlement. The magistrate has always argued that embezzlement is not among the crimes eligible for amnesty.

Puigdemont had hoped that the Constitutional Court's decision would pave the way for his return to Catalonia. The amnesty has always been, for Junts, a political strategy to rehabilitate the figure of the former president during difficult times. However, Judge Llarena's position complicates everything.

Judicial battle looms

Puigdemont will have to wait a while longer. Llarena's refusal to withdraw the arrest warrant will likely open a new legal battle between the Supreme Court and the Constitutional Court. Until this dispute is solved, Puigdemont would still risk arrest if he sets foot on Spanish soil.

The Supreme Court had already outlined its strategy in advance for when the Constitutional Court gave the green light, as expected, to the Amnesty Law. The investigating judge will keep the arrest warrant on the grounds that the crime of embezzlement is not subject to amnesty. Therefore, he believes that the Constitutional Court's decision doesn't concern him.

One of the key points of the Constitutional Court's endorsement is precisely to pave the way for including embezzlement in the amnesty. However, Judge Llarena doesn't see it the same way and, for now, will not change his position. 

This suggests a legal dispute that will further delay Puigdemont's possible return to Catalonia. For now, this situation will not alter relations between PSOE and Junts, given the current political context.