He also requests that if he rejects this claim, at least rule out also prosecuting him for public disorder


The defense of the former Catalan president Carles Puigdemont has once again requested the Supreme Court (TS) to declare itself incompetent for the cause of the ‘procés’ and, consequently, send it to a court of instruction in Barcelona, ​​relying on the recent sentence of the Court of Justice of the EU (CJEU), although, already counting on the Supreme Court rejecting it, he asks that it at least dismiss the petitions of the Prosecutor’s Office and the Lawyer’s Office, which urge to also prosecute him for public disorder.

In a letter from this same Thursday, to which Europa Press has had access, the defense requests the instructor of the ‘procés’, the magistrate of the TS Pablo Llarena, to refrain in favor of the Barcelona Investigating Court that corresponds in turn.

“It can be agreed in the sense of lacking jurisdiction now or wait for this to be determined by an executing authority of another Member State that, without a doubt, will abide by the provisions of the Judgment of the Court of Justice of the European Union of 31 December January 2023, or, worse still, wait for the European Court of Human Rights to so rule,” he says.

However, already anticipating a rejection, he calls on Llarena to dismiss the appeals for reform presented by the State Prosecutor’s Office, where they ask the instructor to prosecute Puigdemont for a crime of public disorder, in addition to disobedience and aggravated embezzlement.

The former president bases his requests on “what is pending in the proceedings” and “the rules of application” but also on “what is established by the Judgment of the Court of Justice of the European Union”, with which the community court responded to the questions raised by Llarena to clarify the scope of the Euro-orders issued against the fugitives of 1-O.

The CJEU agreed with Llarena by ruling that the Belgian Justice cannot reject the handing over of those accused by the ‘procés’ based on the risk that their fundamental rights are violated, if it does not demonstrate systemic and generalized deficiencies in Spain, nor can it question the powers of the Supreme Court as the authority to issue such Euro-orders.