Verfassungsblog (Mar 2024)

The Spanish Amnesty, the Conflict with Catalonia, and the Rule of Law

  • Neus Torbisco Casals,
  • Nico Krisch

DOI
https://doi.org/10.59704/a95a973aeeb1b6f2
Journal volume & issue
no. 2366-7044

Abstract

Read online

The Spanish amnesty for the Catalan independence movement is a victory for the rule of law, rather than a defeat. It is not an exemption from punishment otherwise due, but instead a reflection of the fact that the acts now amnestied should never have been subject to criminal prosecution in the first place. It is thus also a way for Spain to return to compliance with its obligations under European and international human rights law.

Keywords