“I am sure that all the decisions adopted by the Constitutional Court will be in accordance with the law.” Thus, the acting Minister of the Presidency and Relations with the Courts, Felix Bolanos, did not want to comment on the decision of the Holiday Chamber of the Constitutional Court to reject the appeal filed by the former president of the Generalitat, Carlos Puigdemont, and the former counselor Toni Comin, against his prosecution for disobedience and aggravated embezzlement and the national arrest warrant issued by the Supreme Court.
Bolaños expressed “all respect for the Constitutional resolution” and did not want to assess “neither the order, nor the particular vote nor the decision of the Prosecutor’s Office to appeal.”
In full negotiation for the composition of the Congress Table, Bolaños has tiptoed over this decision of the TC that endorsed the arrest of Puigdemont if he returns to Spain, a resolution that has not gone down well with the Catalan independence formations since JxCat described it as a “State strategy” against sovereignty and ERC considers it a “disgrace of the first order”.
However, more explicit was the Constitutional magistrate Maria Luisa Balaguer who considered the inadmissibility of the appeal by the Vacation Chamber “unusual”, with the vote in favor of the two conservative judges, Concepcion Espejel and Cesar Tolosaand against the progressive Laura Diez. Without going into assessing political issues, Balaguer assured in La Ser that “I don’t know what has encouraged these people to resolve a situation that is generally done by admitting for processing and avoking” the plenary session and added that since 2017 all the issues of the ‘procés’ “have been processed in full because it was the responsibility of the plenary to process them” due to the “exceptional interest” and because of their “importance and transcendence”.
Balaguer did not want to “assess the political behavior of people or the legal ones”, in reference to his colleagues, and added that when a magistrate faces a legal problem “he must provide a legal solution” because politicians “are there to provide solutions political, but if we are technical people, what we have to do is take advantage of our knowledge of constitutional law, which I think is why we are elected, and be as far removed from politics as possible, that’s what I try to do”.