Court ruling clears key hurdle for separatist leader Puigdemont's return to Spain

Constitutional Court Decision May Allow Puigdemont's Return Before Spanish Vote

Implications of the Constitutional Court Ruling on Catalan Separatists

By Joan Faus

Background of the Amnesty Law and Puigdemont's Case

BARCELONA, Oct 6 (Reuters) - Spanish courts must apply an amnesty law to Catalan separatists, including in embezzlement cases, the Constitutional Court ruled on Tuesday, clearing a major hurdle for the expected return of self-exiled leader Carles Puigdemont as Spain prepares for an early election.

Potential Return of Puigdemont

The Supreme Court judge handling Puigdemont's case will decide whether to lift an arrest warrant for the former Catalan head of government in the coming weeks, potentially allowing him to return to Spain without fear of arrest after fleeing to Belgium in 2017. 

Details of the Constitutional Court's Decision

The Constitutional Court, which has a progressive-leaning majority, said it had ruled in favour of an appeal filed by separatist politician Dolors Bassa against a Supreme Court ruling that denied applying the amnesty for embezzlement crimes. 

Accusations Against Puigdemont

Puigdemont was accused of embezzlement for using state funds to hold an illegal independence referendum when he was head of Catalonia's regional government in 2017.

Political Repercussions and Upcoming Election

The amnesty, which triggered strong social and political opposition, was the defining legislation of Spanish Prime Minister Pedro Sanchez's current term. His Socialist Party and two Catalan separatist parties, including Puigdemont's Junts, agreed to the legislation in 2023 in exchange for their support for him to remain prime minister.

Withdrawal of Support and Snap Election

Junts has since withdrawn its support for the minority central government. Unable to pass laws, Sanchez called a snap election on Monday for November 29. 

Fresh Drama in Spanish and Catalan Politics

FRESH DRAMA

Although separatism has lost ground, with Catalans more concerned about law and order and migration, and Junts is trailing in opinion polls, Puigdemont's return could spark fresh drama in Spanish and Catalan politics.

Breakdown of Alliances and Legislative Impact

Junts broke its alliance with the Socialists a year ago over what it said were unfulfilled promises, and Junts' opposition effectively killed two housing decrees last week, leading Sanchez to call the election. 

Election Prospects and Political Landscape

The conservative People's Party is leading in opinion polls ahead of the election and may need to seek the support of Junts and other centre-right parties to govern.

Historical Context and Legal Developments

Catalonia unilaterally declared independence from Spain in 2017 following the referendum. Puigdemont fled the country after the declaration while several of his former ministers stayed and were jailed. 

Constitutional Court's Previous Rulings

Last year, the Constitutional Court upheld core elements of the amnesty law, which has benefited hundreds of separatists, but the judge handling Puigdemont's case said it did not apply to him as he was also accused of embezzlement, a charge he denies. 

(Reporting by Joan Faus, editing by Aislinn Laing, Andrei Khalip and Rod Nickel)