Amnesty Law for the Institutional, Political and Social

Normalisation in Catalonia
A SPANISH DOMESTIC POLITICAL AFFAIR
• The introduction and eventual adoption of an amnesty parliamentary bill in order to put an
end to the political and institutional crisis in Catalonia is, first and foremost, a matter of
internal Spanish politics.
• There are scarcely no precedents of the European institutions discussing or examining a
bill that has not yet been approved by a national parliament.
• Moreover, there are no precedents for a bill of this kind to be discussed or reviewed by
European institutions, unless it affects EU legislation or violates international doctrine on
the limits of amnesties, which is not the case of this bill.
o For instance, there is no record of discussions or information sessions following the
approval, earlier this year, of the Portuguese Law No. 38-A/2023, published on August
2, which forgives penalties and grants amnesty for various offenses.
• Consequently, it is clear that some political groups are attempting to turn the European
Parliament into a third legislative chamber for Spain.
o However, European institutions are not supposed to address issues falling under the
exclusive competence of Member States, but rather to deliberate on problems, issues
and values with EU relevance. As there is no affection of EU law or obligations in this
case, there is no role for EU institutions.
o Hence, we formally request the Commission to act in consequence.

AN ORGANIC LAW CONSISTENT WITH THE SPANISH CONSTITUTION, NATIONAL

LEGISLATION AND THE EUROPEAN AND INTERNATIONAL LEGAL FRAMEWORKS
• Amnesties are consistent with the Spanish Constitution and national legislation.
o An amnesty law was enacted in 1977 in Spain and it currently remains in force under
the 1978 Constitution.
o The Spanish Constitutional Court has acknowledged the validity of amnesties in several
rulings and it has even stated that there are no constitutional limitations on this
matter.
o Spain has ratified more than 30 international treaties and conventions containing
provisions on amnesties. It should be noted that, under Spanish law, only texts that
are compatible with the Constitution can be ratified.
o More than 20 national and regional regulations incorporate the amnesty as a
mechanism for extinguishing criminal responsibility.
o The purpose of this new amnesty law is to achieve a goal stated in the explanatory
memorandum of the text: to guarantee democratic coexistence.
• As mentioned above, the draft law does not affect and is actually in line with the European
legal framework.

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 o There is not a single provision in any Directive that excludes the possibility of granting
amnesty for offences subject to harmonised regulation.
o Further, this bill:
▪ Excludes offences against the EU’s financial interests.
▪ Fully aligns with the objectives of Directive (EU) 2017/541, of the European
Parliament and the Council, dated March 15, 2017 on combating terrorism.
▪ And, as stated in its explanatory memorandum, it takes into consideration the
rulings of the Court of Justice of the European Union (judgments of April 29 and
December 16, 2021), the European Court of Human Rights (judgment of may 25,
2014) and the European Commission for Democracy Through Law (Venice
Commission).
• This bill complies with the limits on amnesties established by International Law, such as
those related to tortures or inhuman treatment, and actions driven by racism or
discrimination.
• Moreover, it must me noted amnesties have served as a common instrument for European
democracies to address severe political crisis.
o Since 1945, more than 50 laws of this nature have been passed in countries such as
France, Germany, Italy or Portugal.
o Many of these were enacted to deal with crises that were far more severe and violent
than the Catalan independence process, which did not result in any fatalities.

AN INSTRUMENT TO PUT AN END TO A CRISIS AND ENSURE PEACEFUL COEXISTENCE

• Thanks to the Spanish Government’s efforts towards Catalonia, the current scenario is
completely different from that of 2017, when an illegal independence referendum took
place.
o Today, there are no legal challenges coming from the institutions of the Government
of Catalonia.
o Both governments engage regularly in dialogue forums. These meetings have been key
to de-escalating the conflict and reaching political and competition agreements
without confrontation.
o According to polls conducted by the Catalan Government, a majority of citizens now
oppose independence (52% vs. 41%). Prior to this Government, there were more
supporters than opponents of Catalonia’s independence (48% vs. 43,7%).
o Catalonia currently hosts several European strategic investments, including the future
Hh2Med pipeline, the Marenostrum supercomputer, and various microprocessor
factories. This contrasts with the mass exodus of companies during the highest peak
of the crisis.
• This amnesty provides a solution to the two ongoing issues that could threaten the
improvement of this situation:
o The pending legal cases, not only against political leaders, but also against civil
servants (such as school principals and firefighters) and individuals without public roles

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 who took part in various actions during the illegal referendums of 2014 and 2017, or
protested against judicial decisions.
o The fact that some political parties that played a leading role in the illegal
referendum of 2017 still refused to participate in the Spanish democratic
parliamentary system.
▪ The explanatory memorandum of the bill is clear when stating that ‘all paths must
adhere to the national and international legal framework’.

THE BILL IN A NUTSHELL

• The bill grants amnesty for criminal, administrative or accounting liability arising from all
acts related to the independence process conducted in Catalonia between January 1,
2012 and November 13, 2023. This includes:
o Actions taken to achieve the independence of Catalonia.
o Actions related to the referendums on November 9, 2014 and October 1, 2017, both
declared illegal.
o Actions taking place within the context of citizen mobilizations and protests.
o Acts carried out during police actions aimed at preventing the commission of the
above-mentioned offences.
o Related activities and acts performed to support all the aforementioned actions.
• Furthermore, the bill explicitly forbids granting amnesty for the following offences:
o Crimes resulting in death or serious injuries of individuals.
o Acts of torture and severe inhuman treatment.
o Acts of terrorism with a final conviction.
o Crimes of treason and against peace.
o Offences against the financial interests of the EU.
o Actions driven by racism or discrimination.
• As for its specific effects, the bill:
o Annuls convictions and sentences.
o Concludes pending processes and cases.
o Lifts approved precautionary measures.
o Upholds civil liability, ensuring that individuals who may have suffered harm retain the
right to compensation.
o However, the law does not provide reparations, nor the refund of fines already paid,
for those granted amnesty.
• Finally, the law also regulates court and administrative procedures to grant amnesty in each
particular case, establishing a maximum period of two months to finalise the proceedings.