Puigdemont asks the Constitution to lift the arrest warrant against him
The defence of the former President of Catalonia has stressed that "for years" Puigdemont "has had his freedom of movement and institutional activity restricted by arrest warrants, the validity of which has been legally repealed by the Amnesty Organization Act and this Constitutional Court, as well as by European standards."
The defence of former Catalan President Carles Puigdemont has asked the Constitutional Court to suspend the national arrest warrant and has relied on the findings of the AdvocateGeneral of the Court of Justice of the European Union.
This is stated in the letter of this Monday requesting the suspension of the measure taken until the decision of the Constitutional Court on the applicationfor amparo granted on 7 October by the investigating judge of the "procés" of the Supreme Court, Pablo Llarena.
Puigdemont's lawyer, Gonzalo Boye, has stated that "the requested precautionary suspension is not only appropriate but also legally necessary to ensure the effectiveness of the application for amparo and to prevent irreversible injury to the appellant's fundamental rights".
The defence has stressed that in this case "the damage is not hypothetical."It has stressed that "for years" Puigdemont "has been restricted to freedom of movement and institutional activity by arrest warrants, the validity of which has been legally repealed by the Amnesty Organization Act and ratified by both the Constitutional Court and the European standard."
"To this internal premise is added the European dimension, added by the Conclusions of the Advocate General of the TJUE, which firmly affirm that the Amnesty Act is fully compatible with Union law, "he stressed.
It therefore stresses that the maintenance of the national arrest warrant against the duke in this context would entail "an excessive and unnecessary sacrifice , incompatible with the principles of proportionality, necessity and minimal interference in force at this stage ".
The Advocate General of the Court of Justice of the European Union presented its conclusions on 13 November, in which, while stating that certain provisions of the Amnesty Act may be incompatible with Community law, it rules out that the legal text may respond to a 'self-amnesty', conflict with Union legislation in the fight against terrorism or affect the Union's financial interests.
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