Procés instructor Pablo Llarena plans to annul the national search and arrest order once the bill is enacted
Amnesty is designed to suit the fugitive Carles Puigdemont This will not only allow him to return to Spain immediately but it will also open the door for him to become president of the Generalitat again even if the Supreme Court did not apply the Law for two months because he decided to appeal before the Court of Justice of the European Union or the Constitutional Court.
According to legal sources, THE WORLDthe process instructor Pablo Llarena plans to annul the national search and arrest warrant against Puigdemont once the proposed Organic Amnesty Law is implemented for the institutional, political and social normalization of Catalonia. In addition, the PSOE and Junts tried to protect this action of the magistrate in the amendment process by introducing a section in which it is established that “the judicial body hearing the case shall continue to annul the search and arrest and entry orders.” in the prison of the people to whom this amnesty applies.
Thus Puigdemont can return to Spain, a country he left in the fall of 2017 after the unilateral declaration of independence of Catalonia. During his trip to Europe as a fugitive from Spanish Justice, the leader of the Junts managed to run in the Catalan elections but could not be sworn in as president of the Generalitat because he had to attend the Plenary Session of the Parliament. personally.
In 2018, the fugitive presented himself as a parliamentary candidate to head the Generalitat and tried to take office electronically but the Constitutional Court prevented him from doing so. The body of constitutional guarantees mandates that “the candidate for the president of the Generalitat must appear in person before the Chamber.” The TC maintains that neither the Constitution nor the Statute of Autonomy of Catalonia “clearly establishes” that the candidate for the presidency of the Government must appear in person before the Chamber to hold the investiture session but added that “this necessary, however , implicit in these rules”, due to the parliamentary nature of this procedure and the very configuration of the investiture. In the resolution, the Constitutional Court affirmed that “the intervention of the candidate in the investiture session is an important element so that the Chamber can properly form its will. “Therefore, it is not possible for another deputy to replace him or act for in his name in this procedure,” thereby closing the door to a telematic investiture.
However, back in Spain, Puigdemont has no problem running in the next Catalan election and is sworn in as president if he wins.
Application of the law
In the proposed Amnesty Law, the PSOE, Junts and ERC tried to reduce the margin of interpretation of the judges of the norm. However, various legal sources are consulted with doubts that the new words on terrorist crimes will serve as a filter for European justice.
Currently, the Supreme Court, the jurisdictional body that must apply amnesty to the former members of the Generalitat of Catalonia, can go to the CJEU (if it considers that the law is contrary to the law of the Union) and to the Constitutional Court, if it appreciates the views opposed to the Magna Carta. If the TS decides to go to Europe first, the TC will have to wait for the European ruling before addressing the issues of unconstitutionality that fall on its table.