The high court considers it unnecessary because 11 months before filing their appeal the European Parliament authorized them to occupy the seat
As there is no injury to the rights that they allege, they would only get a purely declaratory compensation that exceeds the powers of the TC
The plenary session of the Constitutional Court has refused to protect the former president of the Generalitat Carlos Puigdemont and the ‘ex-minister’ who accompanied him on the run Toni Comin against the decision of the Central Electoral Board, ratified by the Supremeof not including them in the list of elected deputies communicated to the European Parliament for not having come to Congress to abide by the Constitution after the elections of May 26, 2019.
The Constitutional Court has taken into account that, 11 months before the application for amparo was filed, in plenary session on January 13, 2020, the European Parliament accepted their election as European deputies with retroactive effect as of July 2, 2019 This meant that from then on both were authorized to assume their functions, to exercise their representative mandate and to occupy their seats.
Said circumstance, after the agreements of the Central Electoral Board challengedshows that the appellants de facto obtained the satisfaction of their claims to restore or preserve the fundamental rights denounced, so that the eventual injury that they claimed to suffer for not coming to Spain, where they would have been detained, does not survive.
Not for declarative claims
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The court recalls in its resolution that the amparo procedural channel is not suitable to rule on purely declarative claims unrelated to a real and effective injury to the rights that are invoked. The exposed circumstance has led to appreciate the extinction of the object of the main claim for amparo, and all its derivatives, which justifies the dismissal of the claims made.
It is given the circumstance that despite what was stated by the sentence of which the magistrate Cándido Conde-Pumpido has been the rapporteur, the JEC reaffirmed its decision that it cannot deliver the credentials, because they did not comply with the process of complying with the Constitutional , in a consultation addressed to him by the European Parliament itself.