Earlier this week, the defense of exiled Catalan MEPs Carles Puigdemont, Toni Comín, and Clara Ponsatí, sent an official letter to Spain’s Supreme Court judge Pablo Llarena, asking whether he has already informed national police forces and the Interpol that they cannot be arrested.
The three-page letter from the exiles’ defense asks whether the necessary instructions have been issued to give effect to the suspension of the proceedings and the arrest warrants issued. Both, the European extradition orders and the legal proceedings against them were provisionally suspended by the EU Court of Justice, pending preliminary questions requested by the same judge Llarena.
This situation places the far-right Supreme Court magistrate in a complicated position. If he maintains that Catalan exiled leaders can be arrested, as he has already suggested, he will be violating EU laws. On the other hand, if he acknowledges that they cannot be arrested, he will pave the way for their return from exile.
Until now Llarena has maintained the criminal proceedings, the extradition orders, and arrest warrants, violating EU laws. However, a new resolution of the EU Court of Justice is very clear and says that it is irrelevant for Llarena to say that the criminal proceedings and extradition orders are active since EU justice has suspended them and EU laws have supremacy over national laws.
The court also sent a letter to Llarena, reminding him that his request for preliminary questions in March 2021 meant the immediate suspension of all proceedings againstthe exiled MEPs leaders.