The Court of Auditors makes an unprecedented decision
In a precedent-setting move, the Court of Auditors (TCu) has decided to be the first to request the opinion of the Court of Justice of the European Union (CJEU) on the possible violation of European rights by the amnesty law related to the Catalan independence process. This decision, which has gained media attention since its disclosure by Europa Press and its subsequent confirmation by ElNacional.cat, puts a crucial focus on the interaction between local regulations and European standards.
The implications of the European consultation
Counselor Elena Hernáez, whose career includes notable trials against figures such as Artur Mas, Carles Puigdemont and Oriol Junqueras, has issued this consultation in the context of a case that involves significant expenditure in the organization of the 1-O referendum. Despite the resistance of the Prosecutor’s Office and the opposition of the accused, the decision to pause the resolution until receiving a response from the CJEU reveals the seriousness with which the TCu addresses the issue of legality and justice.
Reactions of political actors
Reactions to this consultation are diverse. Catalan Civil Society argues that the amnesty law infringes fundamental rights, while representatives of ERC and Junts have questioned the legitimacy of the TCu to carry out this international consultation, leading to criticism regarding the opacity of its procedure.
Arguments of the defense
Lawyers Marc Marsal and Gonzalo Boye have expressed their disagreement with the consultation proposal, emphasizing the court’s limitations regarding transparency and guarantees for the accused.
Possible consequences for Spanish courts
Although this process is focused on the accounting of 1-O, if the CJEU decides to intervene, which would imply a review by the Supreme Court and the High Court of Justice of Catalonia (TSJC) on the amnesty law, it could postpone critical decisions related to the independence leaders.
Key questions raised by the CJEU
The CJEU has raised a total of eight questions for a preliminary ruling, covering fundamental principles governing the law, such as combating fraud in the EU’s financial interests, loyal cooperation, and equality. These questions reflect a broader concern about how national regulations align with the standards set by the European Union.
Critical aspects of the Organic Law
The questioned articles concern central aspects of the rule of law and effective judicial protection, which could have significant repercussions on the relationship between Spanish law and European legislation.
Looking to the legal future in Catalonia
As the CCU awaits a response from the CJEU, the future of the legal framework in Catalonia, particularly in relation to amnesty and the rights of defendants, remains under scrutiny, raising questions about the evolution of the rule of law and justice in this troubling political arena.
