The lawyer to Carles Puigdemont has assured that the exiled Catalan president could legally return to Catalonia right now, if his status as an MEP was confirmed. In an interview with Catalunya Ràdio, lawyer Gonzalo Boye was asked about this in the context of last week's key legal opinion by the EU advocate general that the jailed Oriol Junqueras was indeed an elected MEP. Puigdemont, like his former vice president Junqueras, was successful in April's elections to the European Parliament, but up till now has been prevented from taking up the role.
However, Gonzalo Boye added that, even though Puigdemont should not have any problem legally, since he would be protected by European parliamentary immunity, the answer was not so clear on his return to Catalonia from a safety point of view: "Will the law be respected?" he asked. "We have already seen how the law in Spain is interpreted."
If the situation arises, Boye said that as a lawyer, he will assess whether the president should return or not: "There are dangers that have nothing to do with legal issues," he said.
Gonzalo Boye also noted that if Puigdemont obtained immunity as an MEP and returned to Catalonia, it would be incompatible with his appointment as president of Catalonia. After the 2017 Catalan election called by the Spanish government under article 155, Puigdemont was the candidate with majority parliamentary support to return as Catalan president
Torra's trial
Boye is also conducting the defence of current Catalan president Quim Torra in his trial for disobedience after failing to remove a banner and yellow ribbon from the Catalan government palace's façade in March. The lawyer said he was optimistic about the outcome: "He will not end up banned from holding office," said Boye. "Justice will function as a court and not as a political organ." He added that "you can't enter a trial thinking that the sentence is already decided."