The Prosecutor's Office responds to the Court of Accounts: it deems "improper" to question the amnesty after the European ruling

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 former Generalitat president 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 —prosecution and defense— 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 1 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 22 the request registered by the former Generalitat minister Jordi Turull, in a move that comes just a few days after the Court of Justice of the European Union (CJEU) endorsed 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. The European judges considered that the norm 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.