Carles Puigdemont has lashed out at the Court of Auditors for not applying the amnesty law and has asked the European Commission if it will tolerate in Spain what it demanded in Poland.
Carles Puigdemont has issued a strong rebuke to the European Commission after the Court of Auditors (TCu) reopened the procedure for the 1-O, refusing to apply the amnesty law. In an article published this Tuesday on his Twitter profile, the former Catalan president asks: “Will the EU tolerate in Madrid what it demanded in Warsaw?”.
Puigdemont's question refers to Brussels' stance on Poland, from which it even withheld funds for failing to comply with rulings from the Court of Justice of the European Union (CJEU). The leader of Junts argues that the TCu has issued a ruling that “consciously disobeys the European ruling” and orders the reopening of what Europe considers closed.
For Puigdemont, this is “a full-blown challenge”. In his statement, he directly points to TCu councillor Elena Hernáez, whom he labels a “candidate for malfeasance” and accuses of acting out of “patriotic euphoria”. “She has gotten herself into a mess from which she should not emerge unscathed because what she has done is extremely serious,” he states.
The former president links the court's decision to the interests of Societat Civil Catalana (SCC). He recounts that the vice president of SCC, Teresa Freixas, hinted on a television programme that the TCu would re-examine the case. “How did she know?” Puigdemont wonders, suggesting a leak or influence peddling.
The complaint to the European Commission was filed the same Tuesday by lawyer Gonzalo Boye, on behalf of Puigdemont and other defendants. The accusation claims that Spain is violating EU law by not applying the amnesty despite the CJEU's endorsement of the law.
The CJEU already supported the amnesty law in a ruling from July, but the Court of Auditors argues that the regulation does not compel it to archive the cases because they refer to accounting responsibilities, not criminal ones. Puigdemont rejects that interpretation and considers it a maneuver to maintain judicial pressure on the independence movement.
The controversy once again places Spain under the scrutiny of European institutions. Brussels has been firm in defending the rule of law in countries like Poland or Hungary, where it has frozen funds due to judicial violations. Puigdemont now demands the same treatment for Spain.
The leader of Junts recalls that the European Commission demanded Poland comply with CJEU rulings and threatened economic sanctions when Warsaw refused to pay fines imposed by the court. “If what was demanded in Warsaw is tolerated in Madrid, the Commission would be certifying that European rulings are complied with or not depending on who the accused is,” he warns.
For the moment, the European Commission has not commented on the complaint. The procedure continues its course, while the Court of Auditors has opened a period for submissions from the parties involved. Puigdemont hopes that the EU will not allow what he considers judicial disobedience.
The case has significant political and judicial implications. If Brussels intervenes, it could force the TCu to archive the cases, which would be a relief for the defendants, including Puigdemont. Otherwise, the conflict between Spanish and European justice could escalate.
The decision of the Court of Auditors directly affects around thirty former senior officials of the Generalitat and sovereign entities, who face claims for the use of public funds during the 1-O referendum. The amnesty, approved by Congress and endorsed by the CJEU, was supposed to extinguish those responsibilities.
Puigdemont concludes his article with a direct message to councillor Hernáez: “Join the dots and you will find the picture.” The former president assumes that the magistrate has acted in collusion with the civil entity and expects the CJEU to correct what he considers malfeasance.
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