The alternatives open to Llarena if Puigdemont is amnestied

The possible amnesty for the leaders of the process that is already being proposed so that Pedro Sánchez can revalidate the presidency of the Government is generating concern in the Supreme Court, especially because the Executive "buys" the speech of the independentistas that they have been victims of the Spanish State, among what is included in justice.

Oliver Thansan
Oliver Thansan
07 September 2023 Thursday 16:21
10 Reads
The alternatives open to Llarena if Puigdemont is amnestied

The possible amnesty for the leaders of the process that is already being proposed so that Pedro Sánchez can revalidate the presidency of the Government is generating concern in the Supreme Court, especially because the Executive "buys" the speech of the independentistas that they have been victims of the Spanish State, among what is included in justice.

In the event that an amnesty is finally approved, all open judicial processes that affect them will automatically have to be shelved, including that of the Supreme Court in which both Puigdemont and the other councilors who left Spain are pending trial. after the unilateral declaration of independence, as well as ERC's number two Marta Rovira.

Sources from the Supreme Court explain that once the rule is approved, in the event that it finally occurs, two avenues can be opened to the person investigating the case, Pablo Llarena. These could involve raising a question of unconstitutionality before the Constitutional Court or a preliminary question in Europe to put in black and white the legality and scope of the norm.

For now, Llarena is waiting to see if Puigdemont appeals the decision of the General Court of the European Union (TGUE) that endorsed the European Parliament's decision to withdraw his immunity once the request was granted so that the Spanish Supreme Court can try him for the crime of embezzlement of public funds and another of disobedience, once the sedition has been repealed.

According to legal sources, the former president has until the 15th to present an appeal to the Court of Justice of the European Union (CJEU). His entourage already announced that he would appeal and that he would once again request precautionary measures so that the withdrawal of immunity would be suspended while the European court studies the merits of the matter.

Meanwhile, Puigdemont is only subject to a national arrest warrant, meaning that he would be arrested if he enters Spanish territory, but as of today there is no European or international warrant for him to be detained. Llarena decided to withdraw the OEDs while Europe resolved both the preliminary question that he himself raised and the appeal presented by the former president before the TGUE.

The next step is to wait if the independence leader requests precautionary measures and if the CJEU grants them. In that period of time, the panorama could undergo another change of course if the amnesty law finally goes ahead.