The lawyer Gonzalo Boye, who leads the defence of Catalan MEPs in exile Carles Puigdemont, Clara Ponsatí and Toni Comín, has made a submission to the Spanish Supreme Court to ask judge Pablo Llarena if he has obeyed European justice and suspended the case against his clients. On Friday last week, the EU General Court (EGC) clarified that the European Arrest Warrants against the pro-independence leaders are suspended. For this reason, the vice-president of this court rejected, for the second time, the request by the exiled politicians for the waiving of their parliamentary immunity to be suspended. The European court rejected the demand by Puigdemont, Comín and Ponsatí for their immunity as MEPs to be reinstated on an interim basis, considering it unnecessary because the European Arrest Warrants (EAWs) are suspended - and indeed they have been since judge Llarena himself interrupted their status by presenting European justice with preliminary questions on their application in March this year.
Now, Boye is asking the Spanish investigating judge in the Catalan pro-independence leaders' case if he has already issued the appropriate instructions to make the suspension of the legal proceedings effective "for all purposes". The lawyer puts stress on the issue of whether judge Llarena has already communicated the suspension to the various Spanish state police and security forces, as well as to the Schengen Information System and Interpol, especially with regard to the EAWs.
Furthermore, the lawyer for the Catalan leaders requests that he be given a copy of the notifications sent to the Spanish security forces explaining that the warrants are currently suspended.
The General Court's ruling
Up till now, Llarena has maintained that the legal procedure and arrest warrants are still in force, but this latest resolution of the General Court emphasizes that such assertions by the Spanish judge are irrelevant. The EGC states that "in accordance with the principle of sincere cooperation, the national authorities must take into account the suspension of the criminal proceedings and the execution of the European arrest warrants relating to the MEPs". The court adds that "the Spanish court "was, moreover, aware of the suspensory effect."
After the resolution of the European court was made public, Gonzalo Boye explained in a Twitter thread that the thesis of the exiles had been confirmed: judge Llarena's European Arrest Warrants are not active. Boye clarified that the Luxembourg court had not granted interim measures (to restore the MEPs' immunity), but that the key was its justification for not doing so: the EAWs orders are not enforceable and the three Catalan politicians cannot be arrested.
The lawyer stressed that the MEPs can continue to enjoy their full freedom of movement within all EU member states, because they cannot be arrested. That’s why “the court ruling says that we were right,” Boye explained.
Main photo: Former Catalan president and current MEP Carles Puigdemont / EFE