The ruling of the General Court of the European Union that gives the green light to withdraw the immunity of Carles Puigdemont to be prosecuted in Spain opens a new scenario for the Supreme Court and especially for the instructor of the process, Pablo Llarena, who must now think about which is your next move.
The first thing that must happen is that the TGUE officially communicates to the Spanish high court the resolution endorsing the decision of the European Parliament to withdraw immunity, which allows it to be tried for the events that occurred around October 1, 2017 in Catalonia.
Legal sources explain that the OED must be activated with a prior request from the Prosecutor’s Office. The public ministry has asked Llarena on several occasions to activate the arrest at the European level for both Puigdemont and former minister Toni Comín. The instructor must now study whether he is waiting for a new fiscal petition or the previous petitions are valid.
For now, there are only national arrest warrants against them, which means that if the former president decides to return to Spain, he will automatically be arrested to be brought before the magistrate. With the ruling of the TGUE, the precautionary measures that restored Puigdemont’s immunity while he dictated his resolution have been rendered null and void. Once the sentence is handed down, the decision of the European Parliament to withdraw said immunity is recovered.
The TGUE ruling supports the EP’s decision because it analyzed the request of the Spanish justice, through the president of the Supreme Court, and verified that there was no persecutory spirit against Puigdemont because the indictment against him was issued a year before achieving the Act of MEP and also the case goes against other people, in addition to the former president. “Parliament necessarily considered that the suspension of the applicants’ immunity would not negatively affect their interests, in particular their proper functioning and their independence,” the resolution states.
Sources from the Supreme Court explain that the possible appeal before the Court of Justice of the European Union is not suspensive, so Llarena could reactivate the OED at any time. Another thing is that it is the instructor who considers it appropriate to wait for the sentence of the TGUE to be final.
When Llarena raised a question for a preliminary ruling before the CJEU on the scope of being able to reject a request for surrender by a country like Belgium before the request of Spain, he annulled the OED. In between, the TGUE resolution on immunity was pending, so the OED will be deactivated. Once all the European issues are resolved, the reactivation of the OED would mean that the Belgian justice – the country where Puigdemont currently resides – would have to review the delivery of the former president to Spain.
For now and as long as the OEDs are not activated, yes, except for Spain because there is a national arrest warrant and he would automatically be arrested. From the moment Llarena activates the European arrests, any country where Puigdemont enters will find itself in the same situation as Germany or Italy.
Llarena has already issued a new order modifying the crimes and establishing those of embezzlement of public funds and disobedience. When I activate the OED it will be for these crimes. Puigdemont’s defense alleges that as there is a change in crimes, the judge would have to request a new request from the European Parliament. Sources of the Supreme Court do not see it that way, which explain that the request is requested for some facts, not for a legal qualification.
