The Constitutional Court plans to endorse the amnesty for San Juan

MadridThe Constitutional Court plans to hold a special plenary session to rule on the amnesty law on June 24, 25, and 26. The president of the court, Cándido Conde-Pumpido, already said a few days ago at a breakfast at the Ateneo de Madrid that would deliberate on the amnesty before the summer And, with the calendar on the table, the "most likely" option is the week of Sant Joan, as TV3 has reported and ARA has confirmed. when he was a vocal opponent of the amnesty law and Juan Carlos Campo—from the progressive sector—abstained because he also spoke out when he was Minister of Justice. Thus, the progressive majority is expected to prevail by 6 to 4.

"It is a very complicated issue. The draft ruling will be very extensive and very well-crafted. The appellant [the PP] raises around twenty different grounds of possible unconstitutionality, in whole or in part, and the debate is expected to be very intense and extensive," after. Other voices within the institution recall that, when dealing with issues of "great significance," it is usual for a monographic debate to be held on the matter. The same sources estimate that the deliberation will be long and that it will be resolved on June 25 or 26, as they sense that all the judges will want to give their opinion. In principle, the draft ruling will begin to be distributed among the members of the full Constitutional Court in the first week of June for their study.

The members of the Constitutional Court responsible for the ruling are: Conde-Pumpido, Inmaculada Montalbán (sentencing judge), Laura Díez, Ramón Sáez, María Luisa Segoviano, and María Luisa Balaguer on behalf of the progressive and majority faction, and Ricardo Enríquez, Concepción Espejel, and Concepción Espej. The latest attempt by these judges to torpedo the amnesty was to ask the president of the Constitutional Court to suspend the issuance of the ruling until the Court of Justice of the European Union (CJEU) responds to the preliminary questions submitted by some courts, such as the National Court and the Court of Auditors. However, this Monday, Conde-Pumpido informed them that he opposes the request and, therefore, maintained the planned timetable for a ruling before the summer.

How does the decision affect Puigdemont?

One of the questions that arises now that the Constitutional Court's timeline for the amnesty has been clarified is when former President Carles Puigdemont will return. Once the Constitutional Court upholds the law, as all sources indicate, will the Junts leader be able to return? Although the Constitutional Court's decision is fundamental to the entire set of cases in the process, the ruling will not automatically unblock the case of the 130th president of the Generalitat. While there are certainly voices that claim it would open a window of opportunity for him to try to return to Spain, especially if the Constitutional Court upholds the articles of the law that establish the immediate withdrawal of all arrest warrants, the key will continue to be the Supreme Court. Given that the high court says the amnesty is not applicable in Puigdemont's case because he is being prosecuted for embezzlement, it can continue to say the same thing in this scenario and, therefore, maintain the prison order in the State. In other words, it can continue to ignore the law.

Therefore, the most likely scenario is that Puigdemont will wait for the Constitutional Court to rule on his appeal for amparo, which is about to reach Conde-Pumpido's desk. It would be through this appeal that the Constitutional Court would have to explicitly address whether the embezzlement in the October 1st case is eligible for amnesty and would have to directly question (should it deem it necessary) the opinion held so far by the Supreme Court. It would also be at that time that the Constitutional Court would rule on the remaining pending appeals for amparo from pro-independence leaders, former political prisoners, who have also not been amnestied for this crime. This would be the case for Oriol Junqueras, Jordi Turull, Raül Romeva, and Dolors Bassa, who remain barred from office. The Constitutional Court expects to rule on these appeals before the end of the year, so it would be then that Puigdemont could consider returning with guarantees.

The Supreme Court's ace in the hole

However, even once the Constitutional Court resolves the appeals for protection (and does so favorably), The Supreme Court would still have an ace up its sleeveThis court would still be the one that would have to decide on any amnesty for Puigdemont and could opt, as it has already hinted in some rulings, to take the case to the Court of Justice of the European Union. How? Through of a movement that has already been tested by the Seville Court in the ERE case: Ask in Luxembourg whether the Constitutional Court's ruling on the amnesty complies with European law. This would delay a possible return for Puigdemont and leave his future, once again, in the hands of the EU court.

Beyond waiting for this timetable, in an attempt to circumvent the Supreme Court's plans, Puigdemont's lawyer, Gonzalo Boye, has taken steps in recent months to try to remove the high court from the case and take Puigdemont to the Superior Court of Justice of Catalonia (TSJC). as published by ARASo far, his arguments have been rejected: he maintains that the entire embezzlement case of the 1-O election (without sedition or rebellion) took place in Catalonia and, therefore, should be tried in Catalonia. Furthermore, he adds, Puigdemont is now a member of the Catalan Parliament. It should be noted that, unlike the Supreme Court, the High Court of Justice (TSJC) has already amnestied cases of embezzlement, such as that of former minister Miquel Buch and the former president's bodyguard.