The Prosecutor's Office has appealed the decision of the Holiday Chamber of the Constitutional Court (TC) not to admit the appeal of the former president of the Generalitat Carles Puigdemont against his arrest warrant, considering that it was not urgent to resolve this matter now.
The Constitutional Holiday Chamber agreed, with the support of two magistrates from the conservative sector and a dissenting vote against a magistrate from the progressive wing, to reject the admission of Puigdemont's appeal against the national arrest warrant issued by the Supreme Court when confirming his prosecution for aggravated embezzlement and disobedience in the cause of the 'procés', after the crime of sedition was repealed.
The prosecutor considers that this matter should not have been resolved by the vacation room on August 9, as this month is a non-business month and it is not an urgent matter to convene said room.
For the Prosecutor's Office, the room did not accept the "true tenor" of the agreement to convene the vacation room and was "devoid of its logical, systematic and teleological context," would allow. In his opinion, assuming this jurisdiction argument "if it were generalized as a doctrinal criterion, it would produce application consequences that are difficult to compatible with the very institutional and constitutional configuration of the Court."
"Access through the formal channel of the precautionary procedure to a decision (exclusively) on the merits actually constitutes a distortion of the merely instrumental nature that, in a context of urgency, corresponds to the judgment of admission of the appeal, whose necessity - to the referred to in the order- can only be justified in accordance with the norm in attention to said precautionary purpose", he adds.
