Courts
Unanimously agrees not to grant the precautionary measure of suspension of the EAWs against the former Catalan president and three fugitive former councilors.
October 5, 2021 14:11
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The Constitutional Court has decided this Tuesday unanimously not to suspend the validity of the arrest warrants on and delivery agreed by the Supreme Court judge Pablo Llarena against the former Catalan president Carles Puigdemont and former directors Antoni Comín, Clara Ponsatí and Lluis Puig.
The TC, at the proposal of Judge María Luisa Balaguer, has rejected the request for precautionary measures interested by Puigdemont, Comín, Ponsatí and Puig, within the framework of the amparo appeal that they filed at the beginning of the year.
This appeal is directed against Llarena’s decision on October 14 to issue national, European and international arrest warrants against former Catalan political leaders.
The TC has agreed this Tuesday to confirm its previous decision of March 16 in which it was already against suspending the s arrest warrants unheard of part (without hearing the prosecutor).
Now reiterate that the rejection of the precautionary suspension of the OEDE is respectful of the right to effective judicial protection of the appellants in amparo.
The decision not to suspend the validity of the contested arrest warrants is based on a consolidated constitutional doctrine, which denies the precautionary stoppage in the procedure for protection of provisional custodial measures or that may have an impact on the right to personal liberty.
The TC maintains that suspending a precautionary measure adopted by a body of ordinary jurisdiction and that constitutes the main object of that appeal for protection, its would put an advance resolution of the resource fund .
The decision of the Constitutional Court comes 11 days after Puigdemont was arrested in Sardinia by the Italian Police under the OEDE issued by Magistrate Llarena and whose validity is now confirmed by the TC.
Following his arrest, the Sassari Court of Appeal processed a surrender procedure that has been suspended while the Court of Justice of the European Union and the General Court of the EU decides on a preliminary ruling issued by Judge Llarena and on a lawsuit by Puigdemont against the decision of the European Parliament to lift his immunity so that he can be tried in Spain for his responsibility in the unilateral process of Catalan independence.
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