Puigdemont Seeks to Lift Arrest Warrant for Return to Spain

Carles Puigdemont, the former president of Catalonia, has formally appealed to Spain’s Constitutional Court to lift an arrest warrant against him as he seeks to return to Spain from his current residence in Vallespir, southern France. This move follows a preliminary ruling by a European Union Advocate General that is generally favorable to Spain’s amnesty law, which was established to grant clemency to separatists involved in the 2017 independence referendum.

Puigdemont, who has been in exile since fleeing Spain in 2017, filed his appeal in order to suspend both his state arrest warrant and provisional imprisonment. He argues that maintaining the warrant could cause “irreparable damage” to his fundamental rights. In his filing, he urged the court to recognize the amnesty law as “fully effective and applicable,” thereby allowing him to return without the fear of arrest.

Legal Context Surrounding Puigdemont’s Appeal

The Court of Justice of the European Union (CJEU) is expected to consider this opinion from the Advocate General, although it is not bound to follow it. The Advocate General stated that the amnesty law does not violate European regulations regarding the protection of financial interests or laws against terrorism. He also highlighted that expenditures linked to the October 1, 2017 referendum do not constitute misappropriation of EU funds.

Despite this, Judge Dean Spielmann noted the possibility that certain legal procedures, such as the two-month limit for a judge to decide on the application of the amnesty, could infringe upon the right to adequate judicial protection.

Judge Pablo Llanera is currently maintaining an active arrest warrant against Puigdemont, which was issued by the Supreme Court. This warrant remains in place while the CJEU proceedings are underway.

Puigdemont’s legal team argues that the ongoing warrant infringes upon his rights to personal freedom and his political-representative rights. They have asked the Constitutional Court to declare that the suspension of his arrest remains effective until a resolution on their newly filed appeal is reached.

Political Implications and Background

The political landscape surrounding this case has become increasingly complex. Puigdemont’s political party, Junts, recently severed ties with the investiture bloc of Prime Minister Pedro Sánchez. This coalition was crucial for Sánchez’s government, as it relied on Junts’ seven votes in the Congress of Deputies to secure a simple majority in legislative matters.

Puigdemont’s situation traces back to the 2017 independence referendum, which the Spanish government deemed illegal. Following a police crackdown on the voting, Puigdemont fled Spain, evading arrest by hiding in the boot of a car. He faces serious charges, including rebellion, sedition, and misuse of public funds, which could carry maximum sentences of up to 30 years in prison.

In May 2024, Spain enacted an amnesty law aiming to pardon hundreds of separatists involved in the 2017 referendum. However, the Supreme Court ruled that this law could not be applied to Puigdemont due to existing embezzlement charges against him.

As the legal and political dynamics continue to evolve, Puigdemont’s appeal may have significant implications for both his future and the broader Catalan independence movement.