Constitutional Court forces Supreme Court to grant amnesty, sparking politicization controversy

In a 7-5 ruling, the Tribunal Constitucional instructed the Tribunal Supremo to apply the 2024 amnesty law to the crime of misappropriating public funds during the Catalan independence process, effectively clearing figures such as Carles Puigdemont. The plenary, chaired by Cándido Conde-Pumpido, reversed two Supreme Court judgments from July and September 2024 and mandated an urgent, preferential amnesty, aligning with the Sánchez administration’s coalition agreement with Catalan partners.

Five magistrates—Ricardo Enríquez, Enrique Arnaldo, Concepción Espejel, César Tolosa and José María Macías—issued a dissent denouncing the majority for usurping the Supreme Court’s interpretive function, labeling the ruling an ultra-vires overreach that creates a de-facto fourth judicial tier. The decision reflects a broader trend: over 66 % of the twelve-member Constitutional Court now have former political or partisan posts, double the historical average, and about 40 % of constitutional reviews between 2024-2026 have followed block-voting patterns. Critics argue the move undermines the Supreme Court’s authority, advances the government’s political agenda, and threatens public confidence in the separation of powers.