The Constitutional Court refuses to suspend the national search and arrest order against Carles Puigdemont

• Investigation.A dozen senior officials of the Generalitat will go to trial for organizing the 1-O

The Plenary of

has unanimously agreed to deny the suspension of the national orders for the search, detention and imprisonment of the defendants and those declared in absentia, the former president of the Generalitat

and the former minister

Said search and arrest warrants were agreed by the 1-O instructor in the Supreme Court

and subsequently confirmed by the Appeals Chamber of the Second Chamber of the High Court.

The order, whose rapporteur has been the magistrate

explains that "such suspension entails the disturbance of the jurisdictional function, and supposes an interference of the constitutional jurisdiction in the decisions adopted by the ordinary jurisdiction that must be approached with utmost caution, on a case-by-case basis, to prevent this court from carrying out functions that are constitutionally forbidden to it as they belong to ordinary jurisdiction ".

The appellants also asked the TC to submit a preliminary ruling to the

, in the sense that it was contrary to Union law and the jurisprudence of the CJEU that the criminal proceedings not be suspended as a result of their election as European parliamentarians and obtain the corresponding immunity.

At this point, the order rejects such request because it does not relate a

standard to a national standard, but rather to a possible application criterion of the latter and, furthermore, it is a conditional request that cannot be admitted in this incidental procedure. because "it would be equivalent to an early resolution of the fund of the amparo appeal".

Furthermore, it is also reasoned that the appellants' request is contrary to the case law consolidated by the Luxembourg Court.

The Plenary recalls that the judicial decisions challenged in amparo were adopted after prosecuting Puigdemont and Comín for serious crimes, which, since July 2018, have been declared procedurally rebellious for not having attended any of the judicial appeals that have been made to them. .

The Constitutional Court concludes by stating that "if it lifted the agreed search and arrest warrants, it would be denying, in fact, their need and legitimacy, as well as the concurrence of the legal assumptions that have led the ordinary jurisdiction to their adoption and maintenance despite to have recognized them the acquisition of the prerogatives and immunities that correspond to them as European parliamentarians ".

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• constitutional Court

• Supreme court

• Carles puigdemont

• European Union

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