Overview
- The plenary dismissed three constitutionality questions from Catalonia’s High Court concerning articles 1, 3, 11 and the second final provision of the amnesty law, applying SSTC 137/2025 and 164/2025.
- The rulings open the door to amnesty in cases tied to disobedience convictions, affecting figures such as Josep Maria Jové, Lluís Salvadó and Natàlia Garriga, with the TSJC having also paused processing for Quim Torra, Bernat Soler and Pau Juvillà.
- The court declined to examine claims invoking articles 1.1, 6 and 9.1 of the Constitution due to procedural defects in how the questions were framed.
- Relying on its settled doctrine, the court rejected arguments alleging breaches of legal certainty, a ban on arbitrariness, separation of powers and the reservation of jurisdiction.
- Four magistrates—Ricardo Enríquez Sancho, Enrique Arnaldo Alcubilla, Concepción Espejel Jorquera and César Tolosa Tribiño—filed dissents, while an EU Advocate General’s opinion indicates the CJEU is likely to reach a similar outcome on the TSJC’s parallel referral.