2024-06-18 10:18:13
Carles Puigdemont it ensures that the The Courtroom of Accounts “ has no jurisdiction to straight elevate a query for preliminary ruling earlier than the Courtroom of Justice of the European Union (CJEU)” with the amnesty legislation.
By writing, the previous president of Catalonia argues that the The Courtroom of Accounts doesn’t comply independence requirement which is required by the European customary because it considers it a physique of jurisdiction.
the previous president’s lawyer, Gonzalo Boyethat she defended in writing the ruling issued by the adviser of the Second Division of the Prosecution Part on June 11 by which she requested the Prosecutor’s Workplace, the Civil Society of Catalonia and the defenses of the 35 defendants they believed ought to file an introduction. a query for the CJEU as a result of the amnesty legislation was revealed within the BOE.
Boye makes use of as an argument that in accordance with article 267 of the Treaty on the Functioning of the European Union (CFAE) the potential for elevating preliminary questions is “reserved for the courts of the Member States.” He acknowledges that our nation’s Courtroom of Accounts is a constitutional physique and that it has administrative and jurisdictional capabilities, however he qualifies that “this doesn’t robotically give it the standing of a jurisdictional physique.”
“He emphasizes that CFAE requires that it have to be everlasting, have necessary jurisdiction, have an adversarial process, apply authorized guidelines and be unbiased to qualify as a jurisdictional physique.”
“Breach of EU legislation”
Boye jokes that the Courtroom of Auditors incurred a “systematic breach of Union legislation” in opposition to his consumer who presently enjoys immunity because of his capability as a European parliamentarian. He understands that the process opened in opposition to Puigdemont has “clear sanctions” and that the European customary signifies that immunity applies to processes by which “the sanction which may be imposed, as a result of nature and on the severity of the Division, is a prison sanction, no matter whether or not the violation isn’t punishable by a jail sentence”.
“Subsequently, in relation to the earlier actions and in relation to the reimbursement process in accordance with scope, it was necessary to grant the corresponding request upfront, which needed to be requested earlier than the European Parliament. As a result of this was left to center from the start, its efficiency isn’t exempted in the course of the process.”
Boye criticizes that this physique is “solely losing time and incurring inappropriate public expenditure” and he’s urging it to use its personal guidelines within the state of affairs associated to the bills of the Physique. ‘course of’ and proceed to use the amnesty to the accused.
He mentions article 8 to do not forget that forgiveness is expounded to procedures processed earlier than the Courtroom of Auditors. And for that cause, he ends by asking that “the precautionary measures agreed upon on the time be terminated and people proceedings be archived with out incurring every other authorized incidents that don’t have any authorized foundation.”
Within the earlier ruling, the advisor defined that there are a collection of articles of the amnesty legislation “that might oppose the interpretation being made by the CJEU of sure orders of the Legislation of the European Union.”
A few of these precepts are these associated to the “struggle in opposition to fraud and any criminality affecting the monetary pursuits of the EU”, “the precept of honest cooperation”, “the rules of equality and non-discrimination”. and “rules of the European Union”. authorized certainty and bonafide belief” and “the precept of the rule of legislation.”
Along with Carles Puigdemont, the record of 35 accused The previous president has additionally accomplished Artur Mas, former advisers convicted by the Supreme Courtroom, reminiscent of Raül Romeva and Jordi Turull; former councilors escaped, reminiscent of Toni Comín and Lluís Puig; former deputies of the Generalitat overseas, reminiscent of these from the USA, France, Italy and Portugal; and overseas delegates who’re nonetheless in workplace, reminiscent of Marie Katinka (Germany) and Eric Hauck (Southeastern European nations).
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