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What are the next steps? European judgment brings amnesty closer to Puigdemont

The arrest warrants for former President Carles Puigdemont and exconsellers Toni Comín and Lluís Puig remain in force.

(Foto de ARCHIVO)

Tribunal de Justicia de la Unión Europea



ARNE IMMANUEL BÄNSCH / DPA - ONLY FOR USE IN SPAIN

14/7/2024 ONLY FOR USE IN SPAIN
The Court of Justice of the European Union. Photo: Europa Press

The Court of Justiceof the European Union's support for the amnesty law reinforces the political commitment of Pedro Sánchez's government to end theprocéscrisis. However, the ruling does not imply immediate application of the law to Carles Puigdemontand the other independence leaders.

Specifically, The Spanish Constitutional Courtwill make the first move, so that in the autumn the Supreme Courtwill resume examining the amparo appeals filed by the independence leaders against the decision of the Supreme Court to exclude them from the amnesty.

The Constitutiondecidedto postpone the debate on the matter  pending the resolution of Uxenburg.

Until that resolution, however, the arrest warrants for former President Carles Puigdemont and exconsellers Toni Comín and Lluís Puig remain in force, making it impossible for them to return to Spain for the time being.

If the Constitution accepts the appeals, the final decision shall again be before the Supreme Court. The Chamber presided over by Manuel Marchena shall decide how to apply the doctrine established by the Constitutional Court, reinforced this time by the protection of the Court of Justice of the European Union.

This being the case, it would only be possiblefor Catalan leaders to return home if this judicial procedure were to be completed and the amnesty effectively implemented.

The Luxembourg resolution reinforces the position of the Spanish Government, but does not put an end to the judicial process that must be followed before Puigdemont can return without risk of being arrested.

Reactions

For President Imanol Pradales, the resolution is "excellent news"and believes that it should" definitely open the door "for President Puigdemont to" return home. "At the same time, the President of the Generalitat, Salvador Illa, and the Catalan parties have called for the immediate application of the amnesty law.

The Spanish Government has also described the ruling as a political victory, in the words of the Minister for the Presidency, Justice and Relations with the Courts, Felix Bolaños, "today is a great day", and has stated that the resolution "clears the way"for the full implementation of the law.

Carles Puigdemont referred to Europe's support for the amnesty law. The former president of the Generalitat "applauded" the ruling and made it clear that the Spanish courts would be "defying European law"in the event of non-compliance.

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