It is the second sentence that refuses to protect the former president of the Generalitat because his allegation lacks purpose
The plenary session of the Constitutional Court has once again rejected appeals for amparo from the former president of the Generalitat Carlos Puigdemont and the ‘former minister’ Toni Comin against the agreements of the Central Electoral Board, ratified by the Supreme Court, in which it rejected the validity of the remote promise of compliance with the Constitution made by the plaintiffs, since already serve as European deputies.
In this way, the Constitutional rejects granting them protection, understanding that the decision of the JEC to notify the European Parliament that they left their seats vacant for not abiding by the Constitution in person is meaningless, since they already act as such.
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The sentence, which coincides with the one adopted on November 15, takes into account the acceptance by the European Parliament of the election of the plaintiffs as deputies in its plenary session of January 13, 2020with retroactive effect at the beginning of the legislature, and the full exercise since then of the rights corresponding to the statute of European deputy.
In this way, the guarantee court agrees in declaring that they received “extra-procedural satisfaction of the nuclear claim of the appeal” which leads to rejecting it, understanding that the main claim no longer exists. The Constitutional Court points out that Puigdemont’s defense does not deny this circumstance by showing its discrepancy with the previous sentence.