The public prosecutors in Catalonia have opposed the opening of proceedings based on the complaints lodged by political parties Vox and Ciudadanos (Cs) and pressure group Convivència Cívica Catalana against the Catalan government for the passing of the decree law permitting the bail guarantees put up by its ICF public financing institute to those accused by the Court of Accounts over Catalan foreign policy spending. "The mere articulation of a guarantee mechanism which, provisionally, guarantees the interim requirements of a judicial or administrative procedure involving a civil servant or authority, does not in itself imply that it causes damage to public assets nor, thus, any crime of misuse of public funds," reads the prosecution submission on the complaints.
Without the approval of the prosecutors, it is unlikely that the complaints will be admitted and thus the chances of legal proceedings being opened against the Catalan government are slim. Now, though, it is up to the High Court of Catalonia to position itself. Vox has issued complaints against Catalan president Pere Aragonès, economy minister Jaume Giró, and the minister of the presidency, Laura Vilagrà, alleging offences of abuse of administrative office and misuse of funds. Convivència Cívica Catalana's claim is for the same offences but only against Pere Aragonès. Carlos Carrizosa, from Cs, made a complaint to the prosecutors over the Catalan cabinet in this case, alleging misuse of funds.
According to the prosecutor's report, "the essential legitimacy that must permeate all actions by the public authorities" must not be affected by any action that could harm a public office holder "as a result of the legitimate exercise of the office she holds" at the same time as the Constitution itself endorses the procedure followed: "The political actions of the Catalan government and the exercise of its discretionary powers are subject only to the Constitution and the area of constitutionality, in which the Statute of Autonomy of Catalonia is inserted, and its control must under all circumstances respect the principle of the division of powers".
The public prosecutors are clear in their conclusions and the report says that "the conduct imputed to the defendants is not proven at all, in its claim that they damaged the autonomous administration of Catalonia in a dual sense, not only failing to recover the funds miappropriated by its former leaders, but also providing funds to them so that their assets would not be affected".
The prosecutor's report clearly endorses the Catalan government's approach to the matter: "The mere articulation of a guarantee mechanism which, provisionally, guarantees the interim requirements of a judicial or administrative procedure involving a civil servant or authority, does not in itself imply that it causes damage to public assets nor, thus, any crime of misuse of public funds." It adds that "the autonomous administration putting up the guarantee continues to retain control over these resources and has an executive procedure that guarantees their due return".