The investigating judge of the processes, Pablo Llarenahas issued an order in which it establishes a period of 10 days so that Carles Puigdemont and his former councilor Toni Comín justify “the presentation of an appeal” before the Court of Justice of the European Union (CJEU) after the withdrawal of his parliamentary immunity issued on July 5 by the General Court of the European Union (TGEU).
The deadline ended on September 15. so that the fugitives would spend their last bullet to recover the immunity that their status as MEPs gives them. Without that special protection, the instructor of the processes could reactivate the European arrest warrants, however Llarena clarified in July that he would not take that step until the decision of the European Justice is “firm.”
For this reason, he asked Puigdemont and Comín if they have filed an appeal before the CJEU (the last step of the Union’s Justice), something that, on the other hand, has already been confirmed. The instructor has also asked the fugitives to comment on the precautionary measures that they have requested from the CJEU to know if it is possible for the European court to reactivate their immunity while it makes a final decision.
Europa Press reported this Monday that the lawyer of former presidentGonzalo Boye, presented the appeal on Friday the 15th at the last minute, making the most of the deadline available to him. Therefore, given that the Supreme Court has no intention of demanding its delivery to Spain until the CJEU rules, the euro orders could take months to arrive.
According to Supreme Court sources, the political situation could benefit Puigdemont in the future. They point out, in this sense, that after Yolanda Díaz’s visit to Brussels and given the possibility of a law that would amnesty the criminal acts of the processes, It is likely that the CJEU “prefers to wait” for the scenario to become clearer before making a firm decision on the MEP’s immunity. When, as requested by the Prosecutor’s Office at the end of July, Llarena reactivates the Euro-orders, it will be the Belgian judges who must agree on the arrest and surrender of Carles Puigdemont and Toni Comín.
The euro orders against both would be based on the investigation of crimes of aggravated embezzlement, for which Llarena decided to charge the former president and his former councilor after the reform of embezzlement and the repeal of sedition promoted by the Government of Pedro Sánchez.
The MEP Clara Ponsatíwhich after the aforementioned reforms of the Penal Code He does not face a possible prison sentence, cannot therefore be the subject of a European arrest warrant. Puigdemont and Comín, on the other hand, could be sentenced to up to 12 years in prison and between one and two decades of disqualification from holding public office.
That’s why They try to delay the deadlines for the final decision on their immunity while they try to be amnestied by the Spanish Parliament in exchange for offering their support for a possible investiture of Pedro Sánchez.
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