The national arrest warrant for former Catalan president Carles Puigdemont remains in full effect, regardless of the upcoming verdict from the Court of Justice of the European Union (CJEU). While the European court is scheduled to issue a significant ruling on July 16 regarding Spain's 2024 amnesty law, legal experts and judicial sources confirm this decision will not automatically lift the existing warrant issued by the Spanish Supreme Court. The warrant, tied to allegations of misusing public funds during the 2017 independence referendum, continues to prevent Puigdemont from returning to Spain without facing immediate arrest.
The CJEU's role in this week's proceedings is to address preliminary questions from Spanish courts concerning whether the amnesty law is compatible with European Union regulations, particularly regarding terrorism and the protection of the bloc's financial interests. The European judges are not tasked with reviewing the specific criminal case against Puigdemont or the validity of the Supreme Court's refusal to apply the amnesty to his situation. Consequently, the European ruling serves as a legal reference point rather than a direct order to Spanish authorities.
Ultimately, the path to resolving Puigdemont's legal status lies within the Spanish judicial system. The Spanish Constitutional Court is expected to review appeals related to the amnesty law later this year, likely starting in the autumn. Until that court or the Supreme Court takes action to modify or withdraw the current warrant, Puigdemont remains subject to detention should he enter Spanish territory. This ongoing legal standoff underscores the complex division of authority between European institutions and national courts in matters of domestic criminal law.