Llarena opens up to lifting the arrest warrant for Puigdemont with the first Constitutional Court ruling on embezzlement
If the Constitutional Court is clear in its argumentation, it will generate a cascade effect for the members of the October 1st Government who are still waiting
MadridNow it's for real: countdown for the amnesty for the leaders of the 'Procés'. Or that is what was felt this Thursday in the corridors of the opening of the judicial year at the Supreme Court. According to sources familiar with the high court who spoke to ARA, the application of the law to the 1-O Government, including former president Carles Puigdemont, could be triggered after the resolution of the first amparo appeal by the Constitutional Court, without needing to wait for them to be resolved individually one by one. The same voices argue that the first pronouncement “would generate a doctrine” that could extend to the rest of the cases. It is, precisely, the same thing that the president of the TC defended, Cándido Conde-Pumpido, a few days ago in an interview. That is to say, although Carles Puigdemont's case will not be the first one the TC addresses, the arrest warrant against him could be lifted when the Constitutional Court rules on the appeal of former minister Jordi Turull, which is the lead case and, in principle, will be the first to have a ruling, which all sources assume will be favorable. It would arrive in the month of October and would drag the rest along.
In order for the Supreme Court to lift the arrest warrant, the same sources clarify that two conditions must be met: first, the Constitutional Court must make the full ruling public –they cannot decide based only on the resolution regarding whether or not it upholds the appeal– and then the TC's resolution must be very clear in its argumentation. “If it contains constitutional expressions that have repercussions and relevance in Puigdemont's case, it would be applied immediately,” these voices allege. It is a way the high court has of ensuring that it will apply the amnesty as long as the Constitutional Court is very clear in its pronouncement and, therefore, contains a conclusion that is “extrapolable” to the rest of the cases. At the high court, they reaffirm that constitutional doctrine is of “generalized” application and that, therefore, it must be applied in each specific case beyond whether or not there is an individual resolution.
“No one” should have “any doubt”
Likewise, and despite the position of defiance that the Supreme Court has maintained since the amnesty came into force, sources consulted by ARA insist on more than one occasion that the effects of the initial ruling will be "immediate" and that "no one" should have "any doubt" that the Supreme Court will apply the verdict that comes from the Constitutional Court. When this scenario arrives, Pablo Llarena will review the precautionary measures that are still in force for the exiles, also Toni Comín and Lluís Puig, among which is the arrest warrant. Another high-ranking voice from the Supreme Court also sees on the horizon the possibility of putting an end to the 'Procés' folder: "Let's see if we can remove this thorn that has lasted so long," they ironize.
After the Constitutional Court's ruling, could Pablo Llarena return to the Court of Justice of the European Union? Right now, knowledgeable sources do not clarify what the outcome might be. On one hand, they trust that the Constitutional Court will not issue a ruling that contradicts European legislation. But, on the other hand, they do not completely rule out sending the amnesty back to Luxembourg. Mind you, they make it clear that – while awaiting a hypothetical response from the CJEU – the investigating judge will "respect" the TC's ruling and will have no choice but to allow Puigdemont to return to Catalonia in freedom. Subsequently, he will close the summary and refer the case to the Criminal Chamber so that it formally grants amnesty and definitively closes the case. It is the same thing that happened with Marta Rovira, who has no arrest warrant in force, but remains pending for the Barcelona Court to completely archive the investigation for disobedience against her.
As of September 22
The Constitutional Court will kick off the deliberation on Jordi Turull's appeal for constitutional protection on September 22nd. The rapporteur is the conservative José María Macías, so everything suggests that the progressive majority will overturn his presumed proposal to reject the appeal. This will lead to having to change the report: he could rewrite it himself or it could change hands. If he were to keep it, he would bring the new text on October 5th. However, a significant source within the Constitutional Court does not rule out that Dolors Bassa's appeal could take precedence, a maneuver that would mean moving away from usual practice. Be that as it may, all calculations place the first ruling in the month of October.
Amnesty at the Court of Auditors
In parallel, the Court of Auditors is also about to apply the amnesty. According to knowledgeable sources, the court has informally conveyed to some parties the intention to release 35 former Generalitat officials from accounting responsibility following the CJEU ruling, which determined that the 1-O did not affect European financial interests. Among those affected are former presidents Carles Puigdemont and Artur Mas, former vice president Oriol Junqueras, and former ministers Raül Romeva, Toni Comín, and Lluís Puig.
As reported by Catalunya Ràdio and confirmed by ARA, the decision should arrive in the coming days or weeks. In this way, an end would be put to the court's delaying maneuvers. ERC has celebrated the "progress" and has demanded the "immediate" application of the rule to all cases. However, Puigdemont's lawyer, Gonzalo Boye, has issued a warning on X: "We will celebrate when the amnesty is applied, but, for now, the Court of Auditors has not notified anything regarding this."