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The CJEU supports the Amnesty Law for normalizing the situation in Catalonia
The Court of Justice of the European Union (CJEU) has said that the Spanish amnesty law approved to "normalize" the situation in Catalonia is compatible with European Union law. The idea of that law is to nullify (in certain cases) responsibilities criminal, administrative, and accounting related to the Catalan independence process , such as those arising from the organization of the illegal referendum and other actions linked to that context.
The case reaches Europe because two Spanish courts asked the CJEU whether this amnesty fit with EU rules and principles. Specifically, there were doubts in matters where some individuals were accused of having caused losses to the Generalitat for the use of public funds (for example, to organize the referendum or to promote independence internationally) and also in proceedings where terrorism-related crimes linked to that movement were investigated.
The CJEU concludes that Spain can approve such a law within its decision-making scope, as long as essential principles of the Union are not violated. And, according to the Court, the law pursues a specific political objective (to reduce tensions and promote reconciliation) and, in general terms, respects principles such as effective judicial protection, legal certainty, equality, and non-discrimination.
However, the CJEU also sets relevant limits . The amnesty must not cover conduct that constitutes serious human rights violations , and the identification of those cases corresponds to the national courts. Furthermore, the ruling states that the norm does not empty the fight against terrorism in the EU (Dir (EU) 2017/541), because the most serious cases are excluded and the principle of primacy of Union law is maintained.
Our lawyers provide appropriate advice and can defend your case in situations like the one describedCONTENIDO RELACIONADO
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Crimes of misappropriation and fraud
Misappropriation of amounts delivered to complete a housing promotion The case revolves around a real estate promotion in Riogordo (Málaga), consisting of 20 homes, managed by a promoting company. In the first stage, two people were listed as joint administrators (although one of them handled the daily management). Between 2008 and 2009, several homes were sold and buyers delivered amounts on account. Some were even given the keys, despite the fact that the work was not actually finished (it was said to be 90% complete), no deed was granted, and the construction company ended up abandoning due to non-payments. The result was that buyers found themselves living in houses without deeds and without a clear situation in the Registry. Some time later, those administrators sold their shares and a third person entered as the sole administrator. This new administrator was aware of the previous problem, but still asked some buyers for additional money (for example, 8,000 euros) on the argument that it was to complete the promotion. The relevant point is that this money was not used for what was promised nor was it returned. Furthermore, between 2010 and 2011, new sales of homes occurred under similar conditions, and later the entire set of 20 homes was sold to another company, generating a serious conflict between those who had bought earlier and those who appeared later as titleholders. The Provincial Court acquitted the first two administrators (it was not proven that they had diverted the money), but convicted the last one for aggravated misappropriation and fraud. The Supreme Court (TS) confirmed the conviction and rejected the appeal as it did not accept reopening the evaluation of the evidence and considered the denial of new documentation correct because it referred to subsequent facts and was not relevant to what was judged.
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Gender violence
Illegal detention and attempted homicide
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Crime against road safety
Review of conviction due to administrative error in points balance
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