The Plenary of the TC will review the inadmissibility of Puigdemont’s appeal to his new arrest warrant

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The Plenary of the Constitutional Court will review the decision of the Vacation Section not to admit Carles Puigdemont’s appeal against the new national arrest warrant issued by the Supreme Court for the crimes of disobedience and embezzlement. According to court sources, three magistrates asked their president on Monday, Cándido Conde-Pumpido, that it be the Plenary the one that studies the appeal of the Prosecutor’s Office. The consequence is that the president will take the appeal to the next plenary session, which will assume its study.

The inadmissibility was issued on the 9th by the section that was left on duty in August and which estimated that the appeal of the former president Catalan and the ex-minister Toni Comin They did not provide evidence of a violation of rights that would justify an in-depth study of the matter.

According to the appeal of the Prosecutor’s Office, the Vacation Section did not have among its limited powers in cases of “urgency” that of issuing a resolution that entered so thoroughly into the amparo appeal to the point of considering that its admission to processing it was without foundation.

«The legal reasoning contained in the appealed order does not duly justify, in view of the applicable regulations, the competence of said Section to adopt such a resolution. […] The aforementioned order exceeds the material scope of jurisdiction that, exceptionally and for reasons of urgency, corresponds to said Section, “says the appeal, affirms the appeal prepared by the chief prosecutor of the TC, Pedro Crespo.

The letter goes on to explain that, in reality, the Vacation Section “does not admit the appeal for amparo in order to resolve an urgent matter, but rather, on the contrary, invokes its competence in the abstract for presumed reasons of urgency to reject the appeal, without leaving any proof of urgency, which in reality does not exist”.

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