The State Attorney's Office and the Attorney's Office have been in favour of granting an amnesty to Puigdemont in the face of the Supreme's refusal
Both organizations have filed their submissions with the Court of Guarantees of the Treaty requesting the admission of the application for amparo filed by the former president against the Supreme Court's decision not to apply amnesty for embezzlement. Both organizations believe that the Supreme Court should have applied amnesty to him and criticize the "unreasonable and arbitrary" interpretation of the Amnesty Act to prevent its application.
The Public Prosecutor's Office and the State Lawyer 's Office have requested the Constitutional Court to accept the application for amparo made by former Catalan President Carles Puigdemont in the face of the Supreme Court's decision not to apply the Amnesty Act. The public prosecutor was prosecuted in absentia and the Supreme Court has not applied the Amnesty Act for this offence.
Both organizations believe that the former president's right to effective judicial protection was violated because they believe that amnesty should have been applied to him and accuse the Supreme of interpreting the Amnesty Act in an "irrational and arbitrary" mannerto avoid its application.
They say the law seeks to forgive crimes related to the Procés, including the misuse of money, except in cases of personal enrichment. In this regard, they recall that there is no evidence that Puigdemont was personally enriched, so the Supreme's refusal to apply the law would be unfounded.
With strong writings on the table, the decision of the Court of Guarantees is getting closer and closer, but subject to what the Courtof Justice of the European Union (ECJ) decides on the preliminary cases brought by the Spanish courts, which is expected in March.
The TJUE's Attorney General cleared the way last November in a report in support of the Amnesty Act in which he claimed that the rule was dictated "in a real context of political and social reconciliation" and that there is no direct "link" between the costs of procés and the damage to European finances, contrary to what the Supreme Court says.
Once this matter has been resolved by the European Justice, the Constitution may proceed directly with the resolution of the appeal, and even if it were favourable to the former President, its application would always be the responsibility of the High Court.
Meanwhile, Puigdemont is still unable to return to Spain after the Constitutional Court decided two weeks ago to maintain the national arrest warrant against the former Catalan president with 10 votes in favour and one against, while the Constitution resolves the application for amparo.
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