Will Puigdemont return if the TC endorses the amnesty for Sant Joan?

BarcelonaOne of the questions that now arises once the Constitutional Court's schedule for the amnesty has been clarified –will rule on the constitutionality of the rule in San Juan– This is when former President Carles Puigdemont will return. Once the Constitutional Court upholds the law, as all sources indicate, will the leader of Junts be able to return? Although the Constitutional Court's decision is fundamental to the set of cases in the Process, the ruling will not automatically unblock the case of the 130th President of the Generalitat. Although it is true that there are voices that assure that a window of opportunity would open 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 that the amnesty is not applicable in Puigdemont's case because he is indicted for the crime of embezzlement, it can continue saying the same in this scenario and, therefore, maintain the order of imprisonment in the State. In other words, it can continue to ignore the law. This was confirmed Tuesday night by Puigdemont's lawyer, Gonzalo Boye, in the More than 324: "The Supreme Court hasn't said it's not constitutional, but rather that it isn't applicable."

For this reason, the most likely scenario is that Puigdemont will wait for the Constitutional Court to rule on his appeal for protection, which is about to reach Cándido Conde-Pumpido's desk—the Supreme Court is still about to resolve the nullity motion so he can file it. It would be through this appeal that the Constitutional Court would have to explicitly weigh in on whether the misappropriation of funds in the October 1st case is eligible for amnesty and directly question (should it deem it so) the opinion held so far by the Supreme Court. It would also be at that moment that the Constitutional Court would rule on the remaining pending appeals for protection 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 that would be when Puigdemont could consider returning with guarantees. "There is resistance to applying the law to political leaders; it's discrimination," Boye said yesterday, demanding that implementation be "swift" so that there can be "political normality." In any case, the lawyer remained mum on the timing: "Judges should be asked why they don't apply a law that reflects the legislator's will."

The Supreme Court's ace up its sleeve

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 responsible for issuing 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. 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, like that of former minister Miquel Buch and the former president's bodyguard. The former president's defense team is seeking the same for October 1st.