Puigdemont y la falta de fundamentación jurídica de la Junta Electoral Central
CATALONIA
'The decision of the Central Electoral Board to exclude Puigdemont,
Comín and Ponsatí from the list of Junts per Catalunya to the European
Parliament lacks any legal basis. The three Catalan politicians are in
full use of their political rights and have not done so far other than
exercising the fundamental rights of which are holders as Spanish
citizens. Specifically, they have exercised the right recognized in
Article 19 of Spanish Constitution, which protects the free
choice of residence as well as freely entering and leaving Spain. "This
right can not be limited for political and ideological reasons," says
the final paragraph of the article.'
'Puigdemont, Comín and Ponsatí appealed the arrest warrant issued by
Judge Pablo LLarena, making use of the possibility contemplated in the
European directive regulating such judicial cooperation instrument. They
exercised their right to defense.
Puigdemont, Comín and Ponsatí
have not declared themselves in absentia nor have fled from the action
of justice. They have appeared before the competent judicial authority,
Belgian, German or Scottish, whenever their presence has been required.
And they have argued before such European judicial authorities why their
delivery should not be authorized to be tried in Spain for the crime of
rebellion.
So far, only the German justice has ruled on the
arrest warrant issued by the Spanish Judge Instructor, authorizing the
delivery of Carles Puigdemont so that he could be tried for an eventual
crime of embezzlement, but not for rebellion or sedition. The Supreme
Court could be currently judging Carles Puigdemont.
So, it has
not been Carles Puigdemont who has fled from the Spanish justice, but
the Spanish justice which has fled from the German justice, not
accepting the decision adopted by the Superior Court of Justice of
Schleswig-Holstein. Carles Puigdemont has accepted the authority of the
European courts of justice. Of all, each one acting in the exercise of
the competition that is his own. It is the Supreme Court that is not
willing to accept the authority of the courts of other European Union
countries, if they do not resolve in the way that it considers that they
should do so.'
https://www.eldiario.es/…/Puigdemont-Junta-Electoral-Centra…
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