The Supreme Court closely follows the procedure in Europe with a view to reactivating the Euroorders
The instructor of the 'procés', the judge of the Supreme Court (TS) Pablo Llarena, has given ten days to the former Catalan president Carles Puigdemont and his former advisor Toni Comín to clarify whether they have appealed to the Court of Justice of the EU (CJEU ) the decision of another community court, the TGEU, to withdraw their European parliamentary immunity, and whether they have asked for it to be returned provisionally.
Llarena takes this step days after the deadline for those affected to appeal to the CJEU for the ruling adopted on July 5 by the General Court of the EU (TGEU), which confirmed the decision of the European Parliament to lift the former's immunity. president, as well as his former advisors Toni Comín and Clara Ponsatí.
In an order issued this Tuesday, the instructor recalls that at the end of July, after the Prosecutor's Office asked him to reactivate the euro orders against Puigdemont and Comín, he already warned that he would not recover them until he knew if they had challenged the TGUE ruling and in what way. terms.
Specifically, the magistrate drew attention to the fact that they could ask the CJEU to provisionally restore their immunity as MEPs. If a positive response is received from the community court, it would mean paralyzing the new euro orders that had been issued.
Puigdemont appealed late on Friday - pushing the deadline to the maximum - but without requesting precautionary measures, according to legal sources consulted by Europa Press. However, they warn that he can request them until the CJEU resolves the appeal, so there is still time to do so.
Furthermore, defense sources of the former Catalan president point out that they are not obliged to attend to this request from Llarena, which could force the instructor to wait for the resolution of the appeal before the CJEU.
The TGEU rejected all the reasons formulated by the three MEPs, in particular their allegations that the European Parliament did not take into account that the judicial process was launched with the intention of damaging the activity of its members.
In this way, the European Justice cleared the way for Llarena to reactivate the European surrender and arrest orders (OEDEs) that were in force until last January, when the magistrate left them void pending the resolution of two key issues. .
The first was the CJEU's response to the preliminary ruling that Llarena raised to determine the scope of the European orders after the Belgian judges refused to hand over former counselor Lluís Puig.
The CJEU removed this first obstacle on January 31 by establishing that the judicial authorities that receive the EAWs cannot refuse to execute them based on alleged violations of fundamental rights if systemic and widespread deficiencies are not demonstrated in Spain.
The second mystery to clear up was the July 5 ruling on immunity and petitions. Since then, Llarena could have reactivated the euro orders, although she remains waiting for the precautionary measures that can be requested and agreed upon to prevent them from being void.
Thus, despite the support of the TGUE, the Supreme Court predicts a long journey until they can once again demand the delivery of the 1-O fugitives. To this, the legal sources consulted by Europa Press add that it is the Belgian judges who have to execute the EAWs. The TS does not rule out that they will once again give "banal reasons" for not sending them to Spain, which could force Llarena to raise a new preliminary ruling, with the consequent delays.
TWO PARTICULAR CASES: PONSATÍ AND PUIG
It is worth remembering that, although the TGUE ruling also referred to Ponsatí, his case is different from those of his two colleagues in the European Parliament due to the penal reform that repealed sedition and modified embezzlement.
After this change, Puigdemont and Comín were prosecuted for disobedience and embezzlement, but Ponsatí was left with only disobedience, a crime that is not punishable by a prison sentence - only disqualification and a fine - which prevents a European order from being issued. against him.
Another 'sui generis' situation is that of Puig. Regarding him, Llarena was waiting for two things: the CJEU's response to the preliminary ruling - resolved since January 31 - and that the new indictments, after the criminal reform, were final - something that happened on June 13th--. In her case, the TGUE ruling was irrelevant because he is not an MEP and, consequently, could not claim any immunity.
The prosecutors of the 'procés' requested Llarena last week to reactivate the euro-order against Puig, something on which the magistrate has not yet resolved. In any case, against all of them - Puigdemont, Comín, Puig and Ponsatí - there were already current national search and arrest warrants.