The European Commission has broken its silence on the Spanish law granting impunity to the Catalan separatist. The first EU institution to address the matter, it described the legislation as a “self-amnesty” in a letter to the Court of Justice of the European Union (CJEU). Brussels’ intervention comes just weeks before the CJEU holds its first oral hearing on the preliminary question submitted by Spain’s Court of Auditors, scheduled for July. It deals a severe blow to the Socialist government, and could become a significant international challenge to the legitimacy of its parliamentary alliance.
The European Commission has written to the CJEU to express its opinion on the compatibility of the amnesty—related to crimes of embezzlement linked to the Catalan coup attempt—with EU law. In its report, the Commission argues that the law passed by the Spanish Government “does not pursue a general interest objective,” which, in Brussels legal language, amounts to a direct rejection of its political justification.
The Commission warns that “if there is precedent for considering self-amnesties, where those holding political power seek to shield themselves by guaranteeing legal immunity, as contrary to the rule of law, the same criteria should apply when those in Government ensure the impunity of their partners in exchange for parliamentary support.” In short, Brussels is questioning the legality and the democratic ethics of the Spanish amnesty law.
The condemnation of the amnesty law comes at a critical moment for Sánchez’s executive, which is facing a cascade of domestic scandals that threaten to undermine its authority permanently. On Wednesday, June 11th, Inmaculada Carretero—head of National News at El País, the progressive flagship newspaper in Spain— admitted live on Cadena SER radio, the country’s leading left-wing broadcaster, without realizing her microphone was on, that the Government is “completely lost.” A spontaneous confession that has gone viral on social media and in the press, confirming what has long been an open secret: chaos inside the Moncloa Palace.
But Thursday, June 12, would have been catastrophic if Wednesday had been a bad day. The PSOE’s Secretary of Organization, Santos Cerdán—one of Sánchez’s closest allies and a key figure in negotiations with Junts and ERC—resigned after it emerged that both he and other party members allegedly orchestrated illegal cash payments. The revelation, uncovered by a Guardia Civil investigation, has sparked an earthquake within the PSOE that many analysts see as the beginning of the end.
In just 24 hours, the government suffered a double blow: international discredit from the European Commission and internal erosion from corruption. The scenario ahead is one of maximum uncertainty. In the halls of Congress and at the PSOE’s headquarters in Ferraz, rumors are swirling that the government may only have hours, or at best days, left. Pressure from Brussels and growing public outrage could trigger a parliamentary breakdown and an early general election.
