The man on whom it depends that the political forces of the left govern in Spain will not for the moment be placed in an international search and capture by the Supreme Court. The examining magistrate of the cause of the process,Pablo Llarena, has agreed this Thursday in a decision to consider the petitions of the Prosecutor’s Office and the popular accusation to reactivate the Euro-warrants and international arrest warrants against the former president of the Generalitat Carlos Puigdemont and the former counselor Antonio Comin, but it establishes that it will resolve on them when the Court of Justice of the European Union (CJEU) rule on the possible precautionary measures that both may present to see their parliamentary immunity provisionally restored.
Puigdemont already announced, upon learning of the withdrawal of his immunity, that he would appeal that ruling before the CJEU and request its precautionary suspension. For its part, the Supreme Court Prosecutor’s Office had asked Llarena to activate the Eurowarrant considering that, although Puigdemont has announced that he will appeal the TGUE ruling before the Court of Justice of the European Union, This appeal does not enjoy suspensive effects on the decision that withdraws immunity.
The magistrate differs from the position of the Public Ministry. The judge recalls that the sentence of the General Court of the European Union (TGUE), of July 5, which dismissed the appeals of the defendants against the decision of the European Parliament to grant the petition against both requested by the judge, is liable to be appealed in cassation before the CJEU within a period of 2 months and 10 days (until September 15, 2023), being able, in such a case, to reiterate before the CJEU the request that parliamentary immunity be provisionally and provisionally restored.
In this sense, the instructor explains that any Euro-order that is issued in the current state of the procedure, would be immediately paralyzed (before reaching its object) if the CJEU admitted the possible precautionary measure that is requested at the time of the appeal; forcing to interrupt its international processing and making the advancement of the arrest warrant inconsequential at this time. Faced with various procedural vicissitudes, Llarena has already withdrawn the Euro-orders issued against Puigdemont for 1-O on three occasions in recent years.
On the other hand, adds the ruling, if the decision adopted by the TGUE is not appealed or, in the event of an appeal, if the CJEU decides to reject the precautionary measure that is requested with the challenge of the sentence, the decision that they request may be adopted the accusations sufficiently operatively in advance, given that the maximum term to resolve any delivery claim is three months, the judge underlined.