The law was fiercely opposed by the right, which staged large street protests, but the ruling by the Court of Justice of the European Union could pave the way for separatist leader Carles Puigdemont to return from exile.
The court agreed with the Socialist-led government’s argument that the amnesty law complies with EU legislation.
“EU law does not preclude that amnesty law. That law seeks to reduce institutional and political tensions and to facilitate a scenario for reconciliation,” the Luxembourg-based court wrote in its ruling.
Justice Minister Félix Bolaños said there was now “no doubt” that the amnesty law was “in line with European law”.
In a televised statement, Bolaños said that although the legislation had been “strongly” rejected by part of the population, “it has been worth it”.
“Having seen its effects” in helping to normalise the political crisis in Catalonia, “nobody, not even its most staunch critics, would want to give up its benefits,” he added.
The Socialist head of the Catalan regional government, Salvador Illa, called the ruling “very good news for Catalonia, Spain and democracy”, saying the amnesty had “opened a future of hope” for the region.
But the main opposition Popular Party (PP), which voted against the amnesty law, said “no ruling could erase the very serious irresponsibility committed by the separatist movement”.
Around 400 people linked to independence push have benefited from the amnesty, which Sánchez said was necessary to end years of confrontation between Madrid and Catalonia.
Puigdemont without amnesty
But Puigdemont who ruled Catalonia when it held a banned independence referendum and attempted to secede from Spain in 2017, the country’s worst political crisis in decades, was excluded.
Spain’s Supreme Court ruled the amnesty law did not apply to those investigated for misuse of public funds.
Puigdemont, who fled to Belgium to avoid arrest after the referendum, has been accused of misusing public money to organise the 2017 referendum.
The EU court said granting amnesty for the misuse of funds did not undermine the bloc’s financial interests.
The ruling could pave the way for Puigdemont to return to Spain where he is still the target of an arrest warrant ahead of a general election due by 2027.
Spain’s Constitutional Court is expected to rule in coming months if the amnesty should apply to misuse of public funds.
The ruling comes as a series of corruption scandals involving people close to Sánchez have weakened his minority government, which struggles to pass legislation.
Puigdemont’s Junts party withdrew support for the government, accusing Sánchez of failing to fulfil commitments made in exchange for its backing.
Among the party’s grievances was Puigdemont not getting an amnesty.
Bolaños said the amnesty law would only have been “fully implemented” once it also applied to the political leaders who drove the Catalan independence movement, which he said should happen “as soon as possible”.
Article by By Diego Urdaneta
