The Constitutional Court is set to validate the principal elements of the amnesty law, deeming it fundamentally constitutional with only minor discrepancies. This decision follows the draft judgment that ten magistrates will examine in the coming days, with a resolution expected on June 24 regarding the appeal filed by the People's Party (PP). According to legal sources, the draft, overseen by Vice President Inmaculada Montalbán, supports the constitutionality of the law's core, while partially accepting the PP's appeal brought by 270 of its deputies and senators, led by Alberto Núñez Feijóo.

The proposed judgment identifies three unconstitutional aspects in the law's articles, dismissing other PP objections. The law's scope, as outlined in Article 1, grants amnesty for actions related to the Catalonia consultations of November 9, 2014, and October 1, 2017, including those aimed at promoting or achieving Catalonia's secession. The draft points out a flaw in not considering conduct by individuals opposing the independence process, suggesting this omission could breach equality principles and be corrected through the judgment.

The PP's appeal criticized the creation of a penal immunity zone for specific individuals, arguing it conflicts with the broader citizenry subject to the Penal Code. The appeal stressed the necessity of general penal laws with equal application.

The law's temporal scope allows amnesty for actions from November 1, 2011, to November 13, 2023, with the draft indicating this should not extend to future acts, as such a provision would be unconstitutional. Consequently, the judgment will eliminate references to post-November 13, 2023, actions.

Article 13.2 mandates halting Tribunal de Cuentas actions, provided public entities affected by amnestied funds or effects have no objections. The Constitutional Court's draft requires prior hearings for all parties, including popular accusations in accounting procedures.

The draft rebuts PP arguments, affirming the law's constitutional fit and legislative freedom as long as fundamental rights remain intact. Although acknowledging the law's exceptional nature, which nullifies judicially sanctioned penalties, it denies claims of arbitrariness.

The PP's appeal suggested the law aimed solely to secure seven Junts votes crucial for President Pedro Sánchez's investiture, but the draft states that the Court cannot investigate political motives, focusing solely on the law's text and expressly declared objectives.

The amnesty law's preamble emphasizes resolving political conflict and fostering coexistence, seen as essential more than a decade after the start of the independence process. The draft argues the law is not arbitrary but serves a sensible purpose.

The PP challenged the law as a prohibited singular penal norm, allegedly breaching power separation, judicial jurisdiction, and effective judicial protection.

The judgment draft will be voted on by ten magistrates, with four nominated by the PP and six by the PSOE, excluding Juan Carlos Campo and José María Macías. Campo recused himself due to prior involvement in related matters, while Macías was disqualified due to perceived impartiality loss from previous opinions on the amnesty law.