- European approval and its legal impact
- Political importance of Puigdemont’s return
- Decisions of the Constitutional and Supreme Court
He president who organized the Illegal referendum of October 1processed the disconnection laws from the rest of Spain and unilaterally announced the independence of Catalonia, will be able to return to the country between February and June, according to the Executive, once European Justice has finished approving the amnesty law.
European approval and its legal impact
The plan developed by the Executive includes the The return of Puigdemont a few weeks later. They consider within the Government that the European approval – which they take for granted – will eliminate any suspicion of the law with regard to Community law and will serve, de facto, to provide arguments to the Constitutional Court. It will be this court which will have the last word on the question of whether the right to embezzlement should be amnestied for Puigdemont and the accused, as the PSOE and Junts had planned when drafting the law.
These two legal opinions They would leave the way clear for the return of the former president. The government is not content with hoping that I will come back from Februarybut that he will be back no matter what before summer – if everything goes according to plan. And they are convinced that political rehabilitation of Puigdemont will resurrect a mortally wounded legislature.
Political importance of Puigdemont’s return
Only the return of the former president can override the veto of Junts, who announced last month a comprehensive amendment to all regulations presented by the Executive in Las Cortes. In Moncloa, it is estimated that it is not viable to last until 2027 with a Congress paralyzedand that is why they entrust everything to the judicial future of Puigdemont.
He Lawyer at the CJEU He has already supported practically the majority of the norm and denied that it violates community law at the request of the National Court and the Court of Auditors. Usually the court tends to row in the same direction as the lawyer, and in Moncloa they assume that will happen. They await judgment for this winter.
Decisions of the Constitutional and Supreme Court
There is a key step before the final decision of the Constitutional Court, which must decide whether the amnesty is applicable to the offense of embezzlement with which Puigdemont is accused and on which the arrest warrant against him is based. The Supreme Court considered that the law of oblivion was not applicable to offense of embezzlement which is attributed to the former president of the Generalitat.
Puigdemont appealed this decision Constitutional Court. The text of European Union Lawyer He paves the way for the independence leader because he denies that the process has damaged the economic interests of the EU. If the CJEU ruled in this direction, it would avoid a major obstacle, because a European judgment tackling embezzlement would boost any possibility of amnesty for the former president.
The Government is counting on the European Court will approve the amnesty in the same vein as the lawyer, who also excluded any element of the crime of terrorism during crimes amnestied in the process.
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