Brussels reminds Spanish courts that they must apply the CJEU ruling on amnesty
The European Commission admits for processing the complaint of Puigdemont's defense for the Court of Auditors' refusal to apply the amnesty
BrusselsEuropean Commission's notice to the Spanish judiciary. After the Court of Auditors initially refused to apply the Luxembourg ruling that upholds the amnesty, the spokesperson for the EU executive, Guillaume Mercier, recalled this Wednesday in a statement that "it is up to the referring courts —the National High Court and the Court of Auditors itself— to apply the rulings of the Court of Justice of the European Union (CJEU)".
The European Commission has responded in this way to the letter submitted by Carles Puigdemont's lawyer, Gonzalo Boye, to the EU executive itself, in which he denounces Spain for non-compliance with the amnesty and warns of the Court of Auditors' maneuver. Thus, the defense of the Junts leader alerted this Tuesday in Brussels that the deadline for issuing the amnesty has been de facto suspended and that a procedure for allegations has been opened which it not only considers unnecessary but also claims that it contravenes the ruling of the Court of Justice of the European Union (CJEU).
In turn, Brussels has confirmed that it has received the letter submitted by Boye and EU sources assure that it is a matter of hours before it is officially accepted for processing. The next step is for the European Commission to thoroughly assess the request of the defense of Puigdemont, as well as former ministers Toni Comín and Lluís Puig, and decide whether to open infringement proceedings against Spain.
It is common for Brussels to open infringement proceedings against all member states, but in the vast majority of cases, it is for failing to comply with EU legislation and not because the courts of a country refuse to apply the rulings of European justice. In fact, at present, Spain has 117 open proceedings. It should be remembered that, in the worst-case scenario and in the event of repeated non-compliance, the European Commission can take the member state in question to the CJEU, which can impose an economic penalty and, if it continues to violate the EU's rule of law, periodic fines until it complies.
