On 11 June 2024 the Official State Gazette published Organic Law 1/2024 on amnesty, which came into force the same day. What it says, who decides how it applies and which appeals have been announced.
The Official State Gazette (BOE) published Organic Law 1/2024 of 10 June, on amnesty for institutional, political and social normalisation in Catalonia, on 11 June 2024. The law came into force the same day. The Congress of Deputies had given it final approval on 30 May, after overriding the Senate’s veto by an absolute majority. This note summarises its content and application; it does not assess the law.
What the law says
The law extinguishes criminal, administrative and accounting liability for acts linked to the consultations of 9 November 2014 and 1 October 2017, to their preparation and consequences, and to other actions of the Catalan independence process, provided they were committed between 1 November 2011 and 13 November 2023. It includes, among other things, calling the consultations, related disobedience and public disorder, and certain acts of support.
Excluded, among others, are intentional crimes resulting in death or serious injury, torture and inhuman or degrading treatment above a certain threshold of seriousness, terrorism involving serious human rights violations, those affecting the financial interests of the European Union, and treason or crimes against the independence of the State committed with the effective use of force. In the case of embezzlement, only funds used for these purposes and without personal enrichment are covered.
The effects are wide-ranging: liability is extinguished, precautionary measures and arrest warrants are lifted, the enforcement of sentences ends, criminal records are removed and administrative proceedings are closed. Public employees affected recover their rights and seniority, but without pay for the time not worked. Amnesty gives no right to compensation and does not discharge civil liability towards private individuals. The minister for the Presidency, Justice and Relations with the Cortes, Félix Bolaños, put the number of people affected at 372.
Who decides, and by when
The law does not apply itself: it is for judges and courts to decide, case by case, whether an act is covered by the amnesty. Each body, whether criminal, administrative or the Court of Auditors, applies the law in its own sphere, with priority and urgent processing. Decisions must be taken within a maximum of two months, and appeals filed afterwards do not suspend their effects.
If a judge has doubts about the law’s compatibility with European Union law, they can refer a preliminary question to the EU Court of Justice, in which case the two-month period is suspended until it replies. If they have doubts about its constitutionality, they can refer a question to the Constitutional Court. The Supreme Court, for its part, announced that it would ask the parties whether the amnesty should be applied and precautionary measures lifted, and the Public Prosecutor’s Office said it will not issue a single instruction but that its prosecutors will act case by case.
The appeals announced
Publication in the BOE opened the three-month period for filing appeals of unconstitutionality. They can be filed by the Ombudsman, 50 deputies, 50 senators and the bodies of the autonomous communities. The central government has ruled out doing so. The president of the Community of Madrid, Isabel Díaz Ayuso, has announced that she will file an appeal together with other communities governed by the PP, the president of Castilla-La Mancha, Emiliano García-Page, has asked his Consultative Council for a report on that possibility, and the Partido Popular has said it will fight the law by every available route. Filing an appeal does not in itself suspend the validity or application of a law: until the Constitutional Court rules, the law remains in force and judges must apply it. The decisions they issue in these weeks may be appealed through the ordinary channels.
For those affected, and for companies or bodies that were parties to related proceedings, the first practical consequence is procedural: the courts will be issuing decisions over the coming weeks and each one may be appealed. Anyone who is a party to such proceedings should talk to their lawyer about deadlines and the options in each case.
The law is now in force; which specific acts are covered by the amnesty will be decided by each judge.
This article is general information. It is not legal, tax or investment advice, and it does not take anyone’s particular circumstances into account.
