The Court of Auditors has reopened the procedure against 35 defendants for the diversion of €3 million in the 'procés', following the CJEU ruling that granted amnesty for the embezzlement of European funds but not for Spanish funds.
The Court of Auditors has reactivated the accounting procedure opened for the embezzlement of public funds during the Catalan independence process, after the Court of Justice of the European Union (CJEU) issued a ruling that distinguishes between European and Spanish funds. The decision lifts the suspension that was in place over the case and gives new momentum to the claim for €3 million against the 35 defendants.
The recent CJEU ruling establishes that the embezzlement of community funds cannot be amnestied if it affects the financial interests of the EU. However, the European court did not rule on funds of Spanish or Catalan origin, which has allowed the Court of Auditors to resume the process. Now, the parties involved must inform whether the embezzlement also affected European common interests, a key aspect in determining if a potential amnesty can be applied.
The case dates back to the actions of the Catalan Government during the 'procés', when budget allocations were directed towards activities related to the referendum of October 1, 2017, and the external promotion of independence. The amount claimed totals €3 million, a figure that the Court of Auditors considers was diverted from its public purpose without the responsible parties seeking personal enrichment, according to available information.
For readers interested in the management of public funds, this reactivation represents a new chapter in holding political leaders accountable. The Court of Auditors has requested that the defendants prove whether the expenses incurred affected European interests, which could block any attempt to erase accounting responsibility. The response from the parties will be crucial for the future of the procedure.
The European context is relevant: since the creation of the euro, the single currency is not only community but also an international reserve currency. Each member country must comply with spending rules to maintain the credibility of the euro in the markets. If a state increases its public deficit, it impacts the entire eurozone, raising debt interest rates and generating higher costs for all citizens. Therefore, the distinction between European and national funds is crucial in cases like this.
The Court of Auditors, in its statement, has asked the parties to inform whether the embezzlement affected the common interests of the EU. An affirmative response would prevent the application of any amnesty regarding the €3 million. Otherwise, it could open the door to erasing accounting responsibility, which some sectors consider a de facto self-amnesty.
The underlying question is whether the defendants spent money from their own pockets or, on the contrary, used public funds without seeking personal benefit. The absence of personal enrichment does not exempt from accounting responsibility, but it could influence the legal qualification of the facts. The Court of Auditors will have to assess whether the expenses were irresponsible or unseemly, as some critical voices suggest.
For taxpayers, this case sets a precedent on how public funds are audited in Spain. The reactivation of the procedure reminds us that the misuse of public money, even without personal profit motive, can have legal consequences. The Court of Auditors has the final word on whether the €3 million should be returned to the public coffers.
The deadline for the parties to submit their report on the impact on European interests is imminent. From there, the Court of Auditors will decide whether to archive the case or continue demanding accountability. Meanwhile, the Catalan independence process continues to generate judicial and accounting repercussions that keep public opinion on edge.
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