Here is a summary of the key points of the text:
- Who will it affect? -
This law aims to "put an end to judicial processes and sentences affecting anyone, without exception, who took part in the independence campaign" including the "consultation in Catalonia on November 9, 2014 and the referendum of October 1, 2017".
On both dates, Catalonia held a symbolic, non-binding referendum on independence in defiance of the Spanish courts.
The law will apply to anyone convicted or sought by the justice system in connection with either event and will mean all charges against them are dropped.
The government estimates the move will affect around 400 people, among them Carles Puigdemont, the Catalan leader at the time who led the failed independence bid then fled Spain to avoid prosecution.
- Period of validity -
"This organic law amnesties acts classified as offences... that took place between November 1, 2011 when events linked to the independence campaign began and November 13, 2023."
The initial date was January 2012 but the separatists wanted to include the last two months of 2011 to cover the start of the process that led up to the symbolic declaration of independence of October 27, 2017.
- Which offences are covered? -
In order to "ensure legal certainty", the text lists the acts eligible for amnesty, ranging from the organisation of the referendum to preparatory meetings, participation in demonstrations to ensure it was held or protests against the prosecution of those responsible.
One of the main problems with the initial draft was the "terrorism" reference, with the hardline separatist JxCat party saying it didn't offer sufficient protection against prosecution on terror charges, notably for its leader Puigdemont.
That draft failed to pass a parliamentary vote in January and a month later, Spain's top court opened a probe into Puigdemont on "terror" charges over his links to Democratic Tsunami, the group behind several mass protests after Spain jailed 13 separatist leaders, including blockading Barcelona airport.
To avoid the bill being overturned by the Constitutional Court or the European Court of Justice, its updated text does not include "terrorism" as defined by Spain's penal code, using instead wording laid out under the European directive of 2017 and the European Convention on Human Rights.
- When will it come into force? -
Once the law is promulgated, the courts will have "a maximum of two months" to order an individual's "immediate release" and to rescind all "arrest warrants and detention orders.. national, European and international" and to end "all custodial sentences, civil rights limitations and fines".
But they could also turn to the Constitutional Court or the European judiciary to address certain issues, which would considerably delay its implementation.
- Justification for the law -
"Application of the law is necessary but at times it is not enough to resolve a long-running political conflict," the text says, describing the legislation as "one more step along a difficult path but one which is both brave and conciliatory".
Long presented as a tool for reconciliation within Spain, the law is vital for the future of Prime Minister Pedro Sanchez's left-wing government, it being the price set by the separatist parties for their parliamentary backing that allowed him to secure a new four-year term in office.
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