The European Parliament argued that Parliament could not consider them members without the Spanish authorities officially notifying their election.
The former president of the Generalitat Carles Puigdemont has waited until the last day of the deadline to formalize before the Court of Justice of the European Union (CJEU) appeals against the rulings of the General Court (TGEU) that they denied him parliamentary immunity when endorsing the granting of the request processed by the judge Pablo Llarena in the case being investigated for his responsibility in the illegal 1-O referendum.
The resources, of great technical complexity, will argue error in the application of the law by the General Courtand they accuse him of having ignored the doctrine on parliamentary immunity of the Court of Justice of the EU, sources from the ‘ex-president’s’ defense informed EL PERIÓDICO DE CATALUNYA, of the Prensa Ibérica group.
It is foreseeable that the challenges will be filed formally late this Friday afternoon and will request that, as a precautionary measure, immunity is returned while the court rules on the merits of the matters. Precisely, Judge Llarena responded to the prosecutor’s request to reactivate the Euroorders by pointing out that he will not adopt any decision. while the CJEU does not resolve the precautionary measures proposed by Puigdemont.
The magistrate does not want to agree to them again now in order to have to withdraw them in a few months in the event that the Court of Justice restores his protection provisionally, something that in principle was expected to take approximately a month, but which in the Court Supreme Court is estimated to be later due to the negotiations for the investiture of Pedro Sánchez. Legal sources indicate that the meeting of the vice president of the Government Yolanda Díez with Puigdemont and that the promulgation of a amnesty law can make European justice understand that there is no urgency to resolve the proposed measures.
Recover protection
Puigdemont’s defense, carried out by the lawyer Gonzalo Boyewants the CJEU to correct the General Court in its demands against the decisions of the European Parliament that led to the granting of the request made by Llarena to act against Puigdemont and the ‘former minister’ who accompanied him in the escape Toni Comin.
In two rulings the General Court rejected the claims of the ‘former president’. One was directed against the response given by the late David Sassoli, who as president of the European Parliament, called “attention to the fact that “Parliament could not consider them members without the Spanish authorities officially notifying their election.”, which did not occur because he did not appear in Congress to abide by the Constitution; the other is properly due to the decision of the Chamber to grant the request.
The European Parliament explained this ruling, cannot adopt decisions to protect immunity that have binding legal effects on the Spanish judicial authorities, neither on the basis of the exclusive competence it has to waive that immunity, nor on the basis of national law to which Union law refers. Judge Llarena has never withdrawn the national arrest warrants for the fugitives, with Puigdemont at the helm, because his prosecution was carried out prior to his obtaining his seat as MEPs.
The magistrate maintains the national arrest warrants for Puigdemont, Comín and Lluís Puig, as they are being prosecuted for embezzlement in its most serious form, punishable by up to 12 years in prison. Nevertheless, has not yet reactivated euro or international arrest warrants while waiting for the CJEU to rule on precautionary measures included in the resources presented this Friday.