Calamandrei said that “intelligence does not count in the judge; normal intelligence is enough for him to be able to understand, as an incarnation of the average man, quod omnes intelligunt; it matters, above all, moral superiority, which must be so high in the judge that he can forgive the lawyer for being more intelligent than him. I extract this great reflection, ‘Praise of the judges written by a lawyer’.
It is that moral superiority and elevation of Judge Llarena, or his absence, which has an appointment tomorrow Monday in the Sardinian court of Sassari and gives the impression that it will not look very good. I want you to understand that this reflection is not about whether Puigdemont is good or bad or when he has to be judged. What is substantiated is whether a magistrate of the Supreme Court of the Kingdom of Spain has accepted some lawyers to play a game of chess and is carrying out crazy and tricky movements to win it, because that is not his job, nor is that superiority. moral that is expected of him since, again Calamandrei, “injustice poisons even in homeopathic doses”.
I say that it does not seem that Llarena is going to come out well with tomorrow’s hearing because he must turn the omelette a lot so that Carles Puigdemont does not return to Brussels so calm at the end of the view in Sardinia. In addition to the order issued the day after the arrest, we have on the table the clue that Sirene Italia, the surveillance system of the OEDE, requested this past Thursday that a flag of validity to the orders issued on Toni Comin and Clara Ponsatí “as a result of the decision taken by our judicial authority.” In short, on Thursday Italy said through official channels that it will not give validity to the EAWs against the other two Catalan MEPs. By the way, this time the Supreme Court has diligently communicated this incident to the parties while until this week no party has been able to access all the flag validity that various European countries (Austria, Germany, Belgium, Finland, France) have been placing at the orders issued by Llarena. Switzerland has gone further by communicating that it considers that the arrest warrant has been issued for a political offense or of a political nature and that it is happening.
It is not the only indication that we have on the table, that Italian behavior, but also on Friday night the General Court of the European Union (TGUE) admitted the request for precautionary measures to maintain Puigdemont’s immunity. This fast movement of the TGUE means that tomorrow at the Sassari hearing the Sardinian judges also know of the intention of the TGUE to revisit its decision of July 30, in which they already announced it. What is likely is that the Italian judges will not miss what no impartial observer here escapes: the trilero game that the examining magistrate has brought, which although it seems very ingenious to him, does not speak exactly well of his height neither professional nor moral. A game that, in addition, involves throwing the shit out of the State Bar and with a reach to the Government and that, therefore, is also a political game.
Llarena has written to the Sassari court, without it being foreseen in any procedure, sending a letter to the Spanish judge of Eurojust so that it can be sent to him. Look, he is a judge who writes to foreign judges without anyone asking him to clarify things but, apparently, he cannot communicate with the agent of the Kingdom of Spain before the Luxembourg court, which is the Spanish Lawyers’ Association. It will be that I did not want to then and now I do. That is part of this spurious game. It is in this spontaneous letter in which Llarena, with his signature, accuses before another country the State Bar of his – which he points out not as the legal representative of Spain, and therefore of the Supreme Court, before the TGUE but as “body dependent on the Ministry of Justice “, to discredit it – and in which it states that it apparently deliberately mistaken the TGUE when informing that the arrest warrants were suspended” since it is a party to the criminal procedure and it was never transferred that they had been withdrawals “. Trilero trick. Nothing of the personal situation piece has been notified to either party until this past week. He calls it an “information mismatch”, as if he had not been able to tell the State Bar when he felt like it, as he now does with Italians out of the blue.
It goes even further. It states in the spontaneous letter sent to the Sardinian court that although the CJEU in the recommendation (2019 / c380 / 01, point 25) says that the presentation of a preliminary question “entails the suspension of the national procedure until the CJEU responds” that does not goes with his thing. You will see there why the State Bar deemed the Euroorders suspended, which are part of the national procedure and that is how the European Court understood it. It is that Llarena himself, in his order of March 9, in which he raised the preliminary rulings on the OEDE, requested that these be processed through the accelerated procedure “given their criminal nature and the paralysis of the procedure conditioned by the preliminary rulings.” Hey, he wrote that himself! Where is the bad faith or the error or the malicious intent of the State Bar? Is it not Llarena himself who is cheating the loner?
To convince us that they are all stupid – the Lawyers, the TGUE, Puigdemont’s lawyers and even the Sardinian judges – and he is very clever, tach!, He pulls out of his sleeve what must seem to him an intelligent and surprising letter: no It withdrew them because they are not procedures but precautionary measures and as there is another point of that rule that says that the withdrawal of precautionary measures is the power of the court that presents the preliminary questions … Is a European arrest warrant (OEDE) a precautionary measure or Well, are there precautionary measures that you want to implement by issuing it? Is the precautionary measure in the case of Puigdemont the OEDE itself or is it the provisional imprisonment that is to be carried out and that is why the OEDE is used? I bet hard and stick that the Italians consider that the OEDE is an instrument to achieve to apply a precautionary measure dictated in the procedure. That is to say, that the presentation of the preliminary questions forced them to be paralyzed, but not to lift the measure of provisional imprisonment that was issued at the time for Puigdemont. Perhaps it is this particular interpretation of the judge that has confused everyone and I say this with all the irony. The OEDE is a procedure within which precautionary measures can be adopted, but it is not mandatory and that is why neither Belgium nor Germany nor Scotland did it at the time, but it is not in itself a precautionary measure.
They may tell me they don’t give a damn about all this and I would almost understand. It should not be like that. The prestige of Llarena – that which is costing all taxpayers as they already have almost a million euros to defend it from a civil lawsuit for getting out of their mouth – is not only the prestige of Llarena or that of the gentlemen in Room II or not a sample of its gonads either. Neither is it the prestige of Puigdemont or his political propaganda. The prestige that we play in these appointments is that of our own country before its community partners, since this entire European structure is based on trust between states. Puigdemont is a tiny thing compared to the solidity of our position in Europe and before our partners, although it seems that some or some have insisted that their noses are ahead of all that and more.
Llarena and the Supreme Court also have an appointment tomorrow in Sassari.
I don’t know if they have it easy.