He former president of the Generalitat of Catalonia, Carles Puigdemont, has requested the Constitutional Court to lift the case in the context of the process, which would allow his return to Spain without the risk of going to prison, as EL PAÍS has advanced and confirmed. Maintain it after both the Constitutional Court and the report of conclusions of the attorney general of the European Union have validated the amnesty law, alleges the defense of the former president, It would mean “irreparable damage that would make the appeal for protection” requested before said Court lose its effectiveness.
Carles Puigdemont, along with other leaders of the process To whom the Supreme Court decided that the amnesty law was not applicable to them, they appealed to the Constitutional Court for protection, requesting that it be applied and, therefore, that the arrest order against those who fled to Belgium be lifted. and opened a separate room to study the arrest warrants. There is no date set for the deliberations.
Puigdemont’s writing, which adheres to another presented in the same sense by his former counselor Toni Comín, also a fugitive and resident in Belgium since October 2017, alleges that the report of the attorney general of the European Union published last Thursday maintains that the amnesty law is. And given that the Constitutional Court, which is in charge of resolving the appeal for protection of both against the Supreme Court’s decision not to apply the amnesty, has already ruled on the full constitutionality of the law, it “cannot be deprived of practical effectiveness due to the persistence of restrictive criminal measures.”
Even so, the report of the advocate general is not binding and it will be the Court of Justice of the European Union itself who, by means of a ruling, will establish the legally binding position.
However, Puigdemont’s lawyer defends that “jurisprudence constantly follows the line of argument structured by the attorney general, which gives his statements an undeniable qualitative purpose.” And consequently he incorporates it into the legal reality that in his opinion must be taken into account when resolving. “It is not possible to maintain arrest warrants—not even provisionally—when the European standard requires immediate filing as soon as the provisions of the law are verified.”
