Puigdemont denounces Spain to the European Commission for non-compliance with the amnesty

BarcelonaThe first sign that the application of the amnesty will not be easy despite the endorsement of the European justice system has been given by the Court of Auditors, which has refused to apply it from the outset, despite being one of those directly named in last week's ruling. The lawyer for Carles Puigdemont, Gonzalo Boye, has filed a brief with the European Commission denouncing Spain for non-compliance with the amnesty and warning of the Court of Auditors' maneuver. In a brief first reported by Vilaweb and to which ARA has had access, he denounces that the deadline for issuing the amnesty has been suspended de facto and that a procedure for allegations has been opened which he not only considers unnecessary, but also asserts that it contravenes the ruling of the Court of Justice of the European Union (CJEU).

"The preliminary ruling binds the national judge – and even more so the referring body itself – regarding the interpretation of Union law for the purposes of resolving the dispute, and it is binding from the day it is issued," states Boye in the document, which has also been sent to the CJEU to alert it that its ruling is not being complied with. The lawyer for Puigdemont, Toni Comín, and Lluís Puig – three of the thirty-five defendants in the Court of Auditors – calls on the European Commission to "initiate against the Kingdom of Spain infringement proceedings provided for in Article 258 of the Treaty on the Functioning of the European Union".

And what does this treaty say? Basically, that the European Commission can open an investigation, send a letter to the Spanish authorities asking for explanations – which Boye requests be done "urgently" – and, finally, issue a reasoned opinion. The European Commission could demand compliance with the CJEU ruling and even sue the Spanish state before the CJEU itself. An option that, for now, is remote. The intention of Puigdemont's defense is to alert European institutions that the very courts that have questioned them – the Court of Auditors was one of those that raised a preliminary question – are ignoring their rulings.

European funds

The CJEU was clear in denying that the expenses related to the Process – both in terms of external action and the organization of the referendum – have caused a reduction in the EU's wealth and budget. The impact on European funds is precisely one of the exclusions provided for by the amnesty law and to which the Court of Auditors intended to cling in order not to apply the norm. Now, Elena Hernáez, accounting advisor of the second department, has opened a ten-day period for the parties to submit allegations in case they find indications that "funds from the EU budget, or administered by the EU or on its behalf, had been used". Puigdemont's defense emphasizes that this decision is entirely inappropriate and that the only thing this court should do now is to close the proceedings and apply the amnesty law.