The former president of the Generalitat, Carles Puigdemont, and former ministers Toni Comín and Lluís Puig have submitted a letter to the General Secretariat of the European Commission in which they denounce Spain for not applying the Amnesty Law after the ruling issued last week by the Court of Justice of the European Union (TJUE).
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According to the document advanced by Vilaweb and to which EL MUNDO has had access, the lawyer Gonzalo Boye has denounced that the decision of the Court of Auditors to reopen the 10-day period for allegations in the case of the alleged diversion of funds for the illegal referendum of 1-O of 2017 contravenes the decision of the TJUE.
According to Boye, the decision of the Court of Auditors implies the suspension of the ruling, and asks the Commission to act “given the nature of the non-compliance and its impact on precautionary measures that burden the complainants with more than 9.5 million euros”. “Introducing it after the ruling, without any factual support, is not an exercise of the national judge’s exclusive competence to ascertain and appreciate the facts: it is an evasion of the declared interpretation,” he adds.
In his opinion, the Court’s decision also violates Article 4 of the Treaty on European Union concerning sincere cooperation. “The deliberate non-compliance with a judgment of the Court of Justice by a judicial body of a Member State, accompanied by its public misrepresentation through an official press release, affects the value of the rule of law on which the Union is founded. All this without prejudice to the State’s patrimonial liability towards individuals for violations of Union law attributable to its judicial bodies,” the complaint emphasizes.
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The complaint also underlines that there has been “an objective and deliberate non-compliance with a judgment of the Court of Justice, aggravated by the instrumentalization of the procedure for the benefit of one of the parties, and of the State’s patrimonial liability for violation of Union law attributable to its judicial bodies”.
The European Commission has not yet provided any response, and sources from the community executive add that they will issue some kind of reaction tomorrow. However, it seems unlikely that the complaint will progress.
Last week, after the ruling was announced, the European Commissioner for Justice, Michael McGrath, merely stated that the Commission “takes good note of all judgments of the Court of Justice, including those relating to the Spanish amnesty law”. “We will examine this and the other judgments issued by the TJUE,” the Irish official stressed, and concluded: “There are other requests for preliminary rulings pending and it is up to the referring court to apply the judgment; we will closely follow the evolution of these events”.
