Lorraine Williamson
Spain’s Court of Auditors has applied the country’s amnesty law to former Catalan president Carles Puigdemont and 34 other former officials over public spending linked to the independence movement. The ruling, announced on Wednesday, 14 October, clears those involved of financial liability in the proceedings and orders the lifting of financial guarantees imposed during the case.
The decision concerns spending associated with Catalonia’s independence referendum on 1 October 2017 and efforts to promote the independence movement internationally. Among those covered are former Catalan president Artur Mas, former vice-president Oriol Junqueras and several former regional ministers.
The Court of Auditors, known in Spain as the Tribunal de Cuentas, concluded that the conditions for applying the 2024 amnesty law had been met. Its decision follows a ruling by the Court of Justice of the European Union in July concerning the protection of EU financial interests.
Why the court applied the amnesty
The case centred on whether public money used for the independence movement included funds originating from the European Union. Under the relevant provisions of the amnesty law, the involvement of EU financial interests was a key question in determining whether the proceedings could be brought to an end.
The Court of Auditors found that it had not been established that money from the EU budget had been used to finance the referendum or the Generalitat’s international activities. Certificates supplied by the Catalan government’s financial authorities supported that conclusion.
The court therefore applied the amnesty to all those involved in the financial liability proceedings. It also ordered the lifting of the precautionary financial measures imposed during the investigation.
More than €8 million in financial guarantees lifted
The proceedings covered expenditure associated with the independence movement between 2011 and 2017, including the referendum and activities intended to promote Catalan independence abroad. The case had been brought by prosecutors and the organisation Societat Civil Catalana.
Financial guarantees imposed on those involved exceeded €8 million, according to reporting by the Spanish news agency EFE. The court’s decision means those guarantees are to be lifted as part of the application of the amnesty.
The ruling covers 35 people in total, including Puigdemont, Mas, Junqueras, Jordi Turull, Raül Romeva, Dolors Bassa, Toni Comín and Lluís Puig.
Does the ruling end Puigdemont’s legal difficulties?
The decision applies specifically to the financial liability case before the Court of Auditors. It should not be confused with separate criminal proceedings concerning the independence movement, which fall within the jurisdiction of Spain’s criminal courts.
The ruling is nevertheless a significant development in the continuing legal consequences of Catalonia’s independence referendum. It removes the financial liability at issue in this case, although Societat Civil Catalana has indicated that it intends to challenge the decision.