Spanish prosecutors in the Supreme Court have opposed the appeals filed by Carles Puigdemont and exiled Catalan government ministers Toni Comín, Clara Ponsatí and Lluís Puig against judge Pablo Llarena's actions, and have requested that the Supreme Court confirm "the absolute suitability" of maintaining the European arrest warrants against them.
On January 10th, judge Llarena agreed to maintain the European arrest warrants against Carles Puigdemont and his Catalan colleagues, and began the procedures for the petition to the European Parliament to waive their immunity as MEPs, which will allow him to take legal proceedings against them. The public prosecutor's office now urges the court to fully confirm this decision and reject any further legal challenges.
The defence lawyers argued that, as a result of the immunity granted by MEP status, their clients cannot be arrested in any member state of the European Union except for Spain.
The prosecutor's office, however, has reminded Puigdemont that should he enter Spanish territory, he will be arrested without the need of a request to the European Parliament: "The arrest and incarceration warrants are fully enforceable in the national territory."
The 12-page document filed by the public prosecutor's office on Wednesday denounces that "the fact that all of them are still evading Spanish justice is a circumstance that justifies and substantiates per se the constitutionally legitimate purpose of the precautionary measures taken."
Additionally, the prosecutors reject raising any new questions before the European Court of Justice (ECJ) regarding clarification on how to interpret the sentence on Oriol Junqueras.
"It is not a matter of interpreting EU rules but rather of Spanish rules that are to be applied to Spanish MEPs. The object of putting a preliminary question to the European Court of Justice can never be for an issue that refers to domestic law", argues the text against the request by president Puigdemont and the other Catalan politicians to address the ECJ.
The prosecutor's office has already asked the investigating judge to uphold both national and international arrest warrants and the charge of "rebellion" against the Catalan politicians in exile. By contrast, the State Solicitors requested the suspension of the arrest warrants.