Puigdemont takes the pulse for amnesty to Brussels and denounces that Spain disobeys the CJEU

The debate on the application of the amnesty law remains open after the recent ruling by the Court of Justice of the European Union (CJEU), which endorsed the norm by concluding that it does not affect the financial interests of the EU nor violates community legislation on terrorism. In this context, the former president of the Generalitat Carles Puigdemont has decided to take the case before European institutions, considering that Spanish authorities are not correctly executing the ruling.

As reported by 'Cadena SER', Puigdemont's defense has filed an 86-page complaint with the European Commission requesting immediate action from Brussels. The document argues that the decision of the Court of Accounts to grant a new period of ten days to present allegations in the case regarding the expenses linked to the referendum of October 1, 2017, effectively paralyzes the procedure to resolve the application of the amnesty.

Lawyer Gonzalo Boye believes that this action contradicts the CJEU's pronouncement and has also conveyed his complaints to the European court itself. In both documents, he demands that the amnesty law be applied directly and recalls that the Luxembourg ruling indicated that the procedural measure adopted by the Court of Accounts was not necessary.

The complaint, filed on behalf of Puigdemont and former ministers Toni Comín and Lluís Puig, also accuses the auditing body of having "disseminated an official press release that distorts the meaning of the European ruling." The defense criticizes the assertion that the community resolution supported the eight questions raised by the Court of Accounts when, it argues, several of them were rejected as inadmissible.

The three pro-independence leaders argue that the "combined effect" of the decisions adopted by the Court of Accounts implies the "non-application of the CJEU ruling," since, in their opinion, it reopens procedural phases already closed, indefinitely delays the resolution on the amnesty, and maintains precautionary measures affecting the complainants for an amount exceeding 9.5 million euros.

For this reason, the defense requests the European Commission to send a letter of formal notice to the Spanish State "with urgent character" and warns that the situation could violate various principles enshrined in the Union treaties. Likewise, it has submitted allegations to the Court of Accounts itself, in which it rejects that the investigated expenses came from community funds and demands that a resolution be issued declaring the facts amnestied within the legal term.

The Prosecutor's Office responds to the Court of Accounts

The Prosecutor's Office has requested the Court of Accounts to apply the amnesty law to those responsible investigated for expenses linked to the procés, including the former president of the Generalitat Carles Puigdemont. The Public Prosecutor's Office considers it "improper" to open the door to not benefiting them from the norm after the recent pronouncement of the Court of Justice of the European Union (CJEU).

The Prosecutor's Office's response comes just one day after the Court of Accounts asked the parties involved in the procedure —prosecutions and defenses— to state their position on the "possibility" of excluding from the amnesty those procés expenses that could be related to funds from the European Union.

The fiscal body has submitted its position within 24 hours and argues that the European justice resolution supports the application of the amnesty law in this area. The procedure affects the pro-independence leaders claimed by the Court of Accounts for expenses derived from the organization of the October 1st referendum and the external action of the Government during the independence process.

The future of Puigdemont and Turull 

The Constitutional Court has already set a date for the analysis of the first appeal related to the application of the amnesty law presented by one of those convicted for the procés. The plenary session of the guarantees body will debate next September 22nd the request registered by the former minister of the Generalitat Jordi Turull, in a move that comes just a few days after the Court of Justice of the European Union (CJEU) backed the norm promoted by the Government.

In this sense, Turull's case will be the first to be examined by the magistrates. Once this appeal is resolved, the Constitutional Court will continue studying the rest of the petitions presented by pro-independence leaders who seek to benefit from the amnesty, including the former Catalan president Carles Puigdemont.

The decision comes after the ruling issued last Thursday by the Grand Chamber of the CJEU, which concluded that the Spanish amnesty law is compatible with community law. European judges considered that the rule does not harm the financial interests of the European Union, does not violate the principle of equality, and does not conflict with European legislation on terrorism.

Furthermore, the Luxembourg-based court rejected the arguments raised by the Audiencia Nacional and the Court of Accounts, understanding that it is up to each Member State to regulate this type of measure within its competencies. In relation to the cases linked to the embezzlement of the procés, the CJEU specified that the investigated facts do not affect community funds, but, in any case, resources from the national budget.

However, European justice introduced a relevant nuance by warning that the application of the amnesty cannot undermine the system of preliminary questions, considered one of the pillars of cooperation between the national courts and the CJEU. For this reason, it pointed out that Spanish judges could render ineffective the deadlines provided for in the law if these prevented waiting for a response from Luxembourg.