Post by account_disabled on Feb 20, 2024 4:36:28 GMT -5
The investigating magistrate of the procés case , Pablo Llarena, has issued an order in which he grants a period of ten days to the defendants Carles Puigdemont and Antoni Comín to justify the presentation of an appeal for cassation and, where appropriate, a request for suspension before the Court of Justice of the European Union (CJEU) of the European Parliament's agreement to grant the request made by the judge.
On July 5 , the General Court of the European Union (TGEU) dismissed the defendants' appeals against the European Parliament's decision to grant the request against both of them requested by the judge, which meant that their immunity ceased to have effect. However, this resolution Fax Lists was susceptible to being appealed in cassation before the CJEU within a period of two months and ten days (until September 15, 2023), being able, in such case, to reiterate before the CJEU the request that it be restored. precautionary and provisional parliamentary immunity.
The General Court rejected all the pleas raised by the three deputies , in particular their allegations that Parliament erred in concluding that the Spanish judicial process was not initiated with the intention of damaging the activity of the deputies. To reach this conclusion, Parliament was based on various elements, considered together, namely, that the alleged acts had been committed in 2017, while the deputies acquired the status of members of Parliament on June 13, 2019, as well as that, on the one hand, they were processed on March 21, 2018, that is, at a time when the acquisition of the status of European Member of Parliament was hypothetical , and, on the other hand, this processing also affected other people who were not members of parliament.
According to the General Court, when examining a request for waiver of immunity, it is not for Parliament to analyze the legality of Spanish judicial acts, since this issue is the exclusive competence of the national authorities.
Judge Llarena, in a ruling dated July 27 , agreed to consider the requests of the prosecution and the private prosecution to reactivate the Euro-orders and international arrest warrants against Puigdemont and Comín, but established that he would rule on them when the CJEU would rule on possible precautionary measures that both defendants could present against the decision of the TGEU.
In this sense, the instructor explains in his ruling that any euro order issued in the current state of the procedure would be immediately paralyzed if the CJEU were to admit the eventual precautionary measure requested at the time of the appeal; forcing the interruption of its international processing and making the advancement of the arrest warrant at this time inconsequential.
Puigdemont's defense appealed the CJEU resolution last Friday. However, he has not yet asked the European court for a precautionary suspension of that decision, which would mean that he would provisionally recover his immunity as a European parliamentarian until the European court rules. Likewise, he would stop the reactivation of the European delivery orders that Llarena must send again to Belgium.
On July 5 , the General Court of the European Union (TGEU) dismissed the defendants' appeals against the European Parliament's decision to grant the request against both of them requested by the judge, which meant that their immunity ceased to have effect. However, this resolution Fax Lists was susceptible to being appealed in cassation before the CJEU within a period of two months and ten days (until September 15, 2023), being able, in such case, to reiterate before the CJEU the request that it be restored. precautionary and provisional parliamentary immunity.
The General Court rejected all the pleas raised by the three deputies , in particular their allegations that Parliament erred in concluding that the Spanish judicial process was not initiated with the intention of damaging the activity of the deputies. To reach this conclusion, Parliament was based on various elements, considered together, namely, that the alleged acts had been committed in 2017, while the deputies acquired the status of members of Parliament on June 13, 2019, as well as that, on the one hand, they were processed on March 21, 2018, that is, at a time when the acquisition of the status of European Member of Parliament was hypothetical , and, on the other hand, this processing also affected other people who were not members of parliament.
According to the General Court, when examining a request for waiver of immunity, it is not for Parliament to analyze the legality of Spanish judicial acts, since this issue is the exclusive competence of the national authorities.
Judge Llarena, in a ruling dated July 27 , agreed to consider the requests of the prosecution and the private prosecution to reactivate the Euro-orders and international arrest warrants against Puigdemont and Comín, but established that he would rule on them when the CJEU would rule on possible precautionary measures that both defendants could present against the decision of the TGEU.
In this sense, the instructor explains in his ruling that any euro order issued in the current state of the procedure would be immediately paralyzed if the CJEU were to admit the eventual precautionary measure requested at the time of the appeal; forcing the interruption of its international processing and making the advancement of the arrest warrant at this time inconsequential.
Puigdemont's defense appealed the CJEU resolution last Friday. However, he has not yet asked the European court for a precautionary suspension of that decision, which would mean that he would provisionally recover his immunity as a European parliamentarian until the European court rules. Likewise, he would stop the reactivation of the European delivery orders that Llarena must send again to Belgium.