The Court of Justice of the European Union (CJEU) will conduct initial hearings on July 15 regarding Spain's contentious amnesty law.

The proceedings are in response to preliminary questions raised by Spain's National Court and the Court of Auditors concerning the Committees for the Defense of the Republic (CDR) and the financial expenditures associated with the 'procés', the Catalan independence movement.

The first hearing will focus on a question brought by the Court of Auditors, which concerns accounting responsibilities related to the 'procés' expenses.

This inquiry impacts 33 senior officials from the Catalan government, including former Catalan presidents Carles Puigdemont and Artur Mas.

The Court of Auditors has submitted eight preliminary questions aimed at examining whether the amnesty law contravenes European legislation.

Specifically, the designated official in charge of this procedure argued that the law may be at odds with the European Union’s objectives of preventing impunity for fraud and corruption.

The court will also assess the amnesty concerning terrorism-related offenses involving the CDR.

This follows a preliminary question by the National Court pertaining to 12 CDR members accused of orchestrating violent actions against public buildings in Catalonia after the ruling of the 'procés'.

Under the amnesty law, an exception exists for acts classified as terrorism that intentionally result in serious violations of human rights, as stipulated in Articles 2 and 3 of the European Convention on Human Rights and in international humanitarian law, including acts leading to death or torture.

The Prosecutor’s Office, which sought prison sentences ranging from 8 to 27 years, contended that the charges against the accused fall within the scope of the amnesty law.

Nevertheless, the National Court suspended the application of the amnesty, forwarding the question to the CJEU, expressing concerns that granting amnesty for terrorism-related crimes could contravene European community law and promote impunity.

In addition to these cases, the European judiciary is set to rule on a preliminary question raised by the High Court of Justice of Catalonia (TSJC) concerning an ongoing embezzlement case against ERC (Republican Left of Catalonia) member Josep Maria Jové, along with other party officials implicated in planning the October 1 referendum.

The CJEU’s initial hearings come shortly after the anticipated ruling of Spain’s Constitutional Court, which is expected to affirm the constitutionality of the amnesty law.

Subsequently, the Constitutional Court will also address whether the Supreme Court should have applied the amnesty to embezzlement charges against former Generalitat president Carles Puigdemont, a decision that may significantly influence his potential return to Spain.