The recent decision by the Court of Justice of the European Union (CJEU) on the amnesty law has reopened the debate on the judicial future of Carles Puigdemont. In this regard, the scope of the European resolution has been the subject of broad interpretations in certain political and media circles, which is why this outlet has contacted lawyer Pablo de Palacio to understand the implications of the ruling.
During an interview with 'El Constitucional.es', the lawyer explained that the CJEU's pronouncement was limited to answering two preliminary questions raised by Spanish courts related to the Court of Auditors and the investigation into the Committees for the Defense of the Republic (CDR), without generally assessing the constitutionality or application of the amnesty law.
"The European Court of Justice said that the application of the law did not affect the economic interests of the European Union and that, therefore, it was not its place to rule on how it should be applied in Spain," he stated.
The Constitutional Court will have the final say
De Palacio has insisted that the European resolution does not alter Puigdemont's judicial situation nor does it oblige the withdrawal of the arrest warrants that remain in force. In his opinion, the outcome will fundamentally depend on the appeals currently being studied by the Constitutional Court.
"It will be the Constitutional Court that ultimately determines whether this law is applicable or not and whether the interpretation made by Judge Pablo Llarena violates fundamental rights," he conveyed.
The lawyer also recalled that the Constitutional Court itself already announced that it will not begin to resolve these appeals until autumn, so several months will still have to pass before a definitive decision is known.
What would happen if Puigdemont returned to Spain
One of the issues addressed during the interview was the possibility of the former Catalan president deciding to return to Spain after the European pronouncement. On this matter, De Palacio was emphatic. In his opinion, Puigdemont's entry into Spanish territory would lead to his immediate arrest because a national search and arrest warrant remains in force. Subsequently, he would have to appear before the investigating magistrate Pablo Llarena.
Furthermore, he considered it unlikely that he could be released without restrictions. "It seems difficult to understand that he would be released because the risk of flight is evident, especially after so many years outside of Spain," he maintained.
The European route, a remote possibility
Regarding a possible rejection of the amnesty by the Constitutional Court, the lawyer acknowledged that Puigdemont could try to resort to European bodies alleging a violation of fundamental rights. However, he specified that this claim would not correspond to the CJEU, but to the European Court of Human Rights (ECtHR).
Even so, he was skeptical about the chances of success of that strategy. "If the Constitutional Court says that the amnesty does not apply to him, it is difficult for a European body to come and contradict what a national body, regarding its own national law, has said," he explained.
For this reason, although he admitted that this option legally exists, he described a possible rectification of a decision adopted by the highest interpreter of the Spanish Constitution as "extraordinary" and unusual.
In short, De Palacio clarified that the debate on Puigdemont's amnesty continues to depend mainly on the Spanish courts and that the European resolution known this week does not represent a substantial change in the judicial scenario of the former Catalan president.
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