The former president of the Generalitat and fled to Waterloo (Belgium) Carles Puigdemontannounced this Thursday in a press conference from France his intention to reintroduce as a candidate for President in the Catalonia elections.
If the hypothetical scenario in which Puigdemont gather the necessary votes to return to the presidency of the Autonomous Community of Catalonia, His investiture would depend on other variables: of the national active arrest warrant currently due to the “procés”, the deadlines for processing of the amnesty law which is in the hands of the Senate and its subsequent application on the part of the judges.
The announcement this Thursday that the fugitive from justice will be top of the Junts list Looking ahead to the Catalan elections on May 12, it has raised multiple possible scenarios with their respective legal doubts.
The former president and MEP He has pending to appear before the Spanish Justice since 2017when the Supreme Court prosecuted him in rebellion in the procedure relating to “procés”. It has not yet been approved law ofamnestywhich aims to grant forgiveness for more than a decade of the Catalan independence process.
Can he stand for election?
Carles Puigdemont could run for office given that does not meet the requirements ofineligibility which includes the Organic Law of the General Electoral Regime (LOREG). Neither is fulfilling prison sentence or disqualification for any conviction, nor has he been convicted never for crimes of terrorism or rebellion.
It is necessary to remember that the leader of Junts It has already been presented without problems to the elections of 2017 and of 2021when he was also being prosecuted in absentia for the 'procés' cause.
Can he continue to be an MEP?
Puigdemont can indeed be a candidate for the elections in Catalonia and a MEP. But this possibility has conditions: if sufficient support is gathered at the polls, once accept the minutesdeputy in Parliament automatically loses his status as an MEP.
Upon losing the seat in the European Parliament I would stop having immunityas a europarliamentarian and to be gauged before the Supreme Court (TS) to become qualified before the Superior Court of Justice (TSJ) of Catalonia, for being a member of the Parliament.
Even so, although the Statute specifies in its article 57.2 that in the cases against the deputies is competent TSJalso specifies that “outside the territory of Catalonia criminal liability is enforceable under the same terms before the Criminal Chamber of the Supreme Court“.
Can you be invested without coming to Spain?
He constitutional Court (TC) already ruled on this matter in 2018 at the request of the central Executive. On that occasion, suspended the Presidential Law of the Generalitat and the Government of Catalonia that would have allowedthe investiture from Puigdemont by telematic means.
In 2019the Court of Guarantees resolved on the merits of the issue and canceled the rule by understanding that “an investiture in which the candidate did not appear in person before the Chamber to request its confidence would be contrary (to the Basic Law)”.
For its part, defense sources of Puigdemont consulted by Europa Press, however, they emphasize that the world has changed since then and even the TC holds telematic plenary sessions.
Can you be detained if you enter Spanish territory?
It is worth remembering that currently Carles Puigdemont has a national arrest warrant in force that was dictated by the investigating judge of the 'procés' in the Supreme Court, magistrate Pablo Llarena, for disobedience and embezzlement.
So, You could be arrested when you set foot on Spanish soil if the amnesty law has not come into force at that time.which establishes that judges and magistrates who hear cases affected by the rule must lift precautionary measures, as is the case with arrest warrants.
Sources of the former president's defense They trust that judges will lift these orders while they process their doubts before the Constitutional Court (TC) or the Court of Justice of the European Union (CJEU), because, although They assume that judges will have “legitimate” doubts about the application of the lawthey maintain that This should not affect the lifting of the precautionary ones. Anyway, rThey know that there are no guarantees.
In this regard it must be added that, however, Puigdemont accumulates a new judicial front every time the Supreme opened criminal case for terrorism in the “Democratic Tsunami” case. At the moment, the instructor Susana Polo has not ordered any proceedings in this procedure.
Will he be amnestied before the inauguration?
According to parliamentary sources consulted by Europa Press, the term limits that is being considered in Catalonia for the constitution of parliament is he June 10th. In the case of the investmentthe deadline is June 25th.
The Chamber of Senatefor its part, has two monthsthat is to say, until May 15to process and approve Definitively or return to Congress the proposal of amnesty law.
In the event that approval is given to the text and is sent to the Lower House for final approval, it is expected that comes into force at the end of May.
The future of escape to Belgium and MEP It then depends not only on obtaining a seat in the Catalan elections, but about the approval or not of the Amnesty Lawits entry into force and your application by the judges, in addition to their criminal case opened for terrorism and other factors.