Carles Puigdemont has already presented the request for precautionary measures before the European Justice after his arrest in Sardinia to recover his immunity. The lawyers of the former president of Catalonia have presented the brief before the Court of Justice, which at the end of July had considered the Euroorders suspended while it was deciding on the preliminary rulings requested by the Supreme Court in relation to the case of the former Minister of Culture Lluís Puig.
In that ruling of the General Court of the EU at the end of July, Luxembourg decided to uphold the lifting of Puigdemont’s immunity, something that had been decided in March by the plenary session of the European Parliament. Against that decision of the European Parliament, approved by 57% of the votes, Puigdemont and the former councilors Toni Comín and Clara Ponsatí presented individual appeals before the European Justice. Initially, the Luxembourg-based court granted a provisional stay of the European Parliament’s decision and restored their immunity.
However, in the ruling on precautionary measures, the vice president of the General Court concluded, in line with what was argued by the State Attorney’s Office in their allegations, that the immunity had to be kept lifted, while he considered the Euroorders suspended by the Preliminary questions raised by the instructor, Judge Pablo Llarena, and ruled out that the MEPs could be detained.
But all that was blown up a week ago, when Puigdemont was arrested in Sardinia by the Italian police as a result of the Supreme Court keeping the Euroorders active and contrary to what was alleged by the State Attorney and the provisions of the TGUE in its July ruling.
And, precisely in that contradiction between what was alleged by the State Lawyers on behalf of the Kingdom of Spain, what was ruled by the European Justice in the same line and the contrary actions of the Supreme Court and its instructor, Judge Llarena, who this Thursday presented a brief before the Italian Justice in which he insisted that the European arrest warrant that weighs on him was not suspended due to the existence of a preliminary ruling pending resolution.
Llarena recalls that he has never stopped this arrest warrant. “After the presentation of the Prejudicial Issue, this investigating magistrate, in exercise of the jurisdictional power contained in Recommendation 25, has not issued any decision that modifies or suspends the precautionary measure,” he recalls in this communication. He also understands that the Catalan former president is not protected by any parliamentary immunity: “The European Parliament withdrew Carles Puigdemont’s immunity by decision of March 8, 2021,” he recalls.
For his part, Puigdemont’s lawyer, Gonzalo Boye, explained this Friday on Twitter: “As we announced on Saturday 25, and once it was verified that there is no will on the part of Judge Llarena to guarantee the rights of MEPs Puigdemont, Comín and Ponsatí, today [por este viernes] We have submitted a request for precautionary measures, which are not very precautionary. This request, due to its processing process and duration, does not affect the hearing scheduled for next Monday before the Italian courts since it should be transferred to both the European Parliament and the Kingdom of Spain for a decision on the matter. On the previous occasion in which we requested such measures, the Kingdom of Spain indicated that there was no risk of arrest, which has been shown to be uncertain in light of what happened last week in Alghero and the communication issued yesterday [por el jueves] by judge Llarena “.