Saturday, October 23

The Supreme Court plans to resolve the appeals against the pardons of the procés in spring

The Supreme Court has on the table seven appeals that ask to revoke the pardons granted to the Catalan independence leaders in prison, a matter that if the deadlines provided by law are met and exhausted It plans to resolve between the months of March and April of next year.

On September 22, the deadline of two months was fulfilled to appeal the decision of the Executive of Pedro Sánchez to grant the grace measure to the nine convicted in prison, a matter that can only be annulled by the Supreme Court.

Specifically, the Fifth Section of the Administrative Litigation Chamber that is already processing the seven appeals against the nine pardons of the pro-independence leaders, which means that have to solve about 60 resources, since almost all the appellants have an open procedure with nine files.

The seven resources

Among the appellants are organizations such as Coexistence Cívica Catalana and Pro Patrimonium Sijena y Jerusalen; parties like Vox and the PP; and individuals -all of them politicians- who maintain that they were harmed by the procés.

Thus, an appeal is headed individually by the leader of Ciudadanos Inés Arrimadas, the current spokesperson in Catalonia, Carlos Carrizosa, and José María Espejo, all of them deputies of the Parliament in 2017; another is the one presented by Enric Millo, the one who was a delegate of the Government in Catalonia during the process.

The seventh appeal is that of the PP parliamentarians in the Parliament 2017 Alejandro Fernández, Andrea Levy, Santi Rodríguez, Juan Milián, and Lorena Roldán, then in the ranks of Ciudadanos.

Legal sources have reported that if the deadlines are met in the processing of contentious-administrative appeals, the Chamber expects to settle this issue between the months of March and April 2022, that is, it will be in spring when the Supreme Court decides whether to revoke or not the pardons.

The calendar of the Supreme

For the moment, the Chamber has sent all the appellants to formalize their demands within a period of 20 days that ends tomorrow, Friday. Once the writings are received, the Court will open another period of 20 days for the State Attorney to formulate their respective answers to the seven lawsuits with the possibility, in addition, to formalize a process of preliminary allegations.

Resolved this question, the calendar enters Christmas with the more than foreseeable scenario that the appellants ask to receive the trial on trial, so that if it is estimated, the court will grant 30 business days to take the test, after which period the conclusions will be finally presented.

Then, the court will set the day and time for deliberation and ruling on the appeals, which, according to the sources consulted, points to the end of March or the beginning of April.

It will be then when the chapter on pardons is closed, although the sources clarify that this calendar could suffer variations in view of the number of appeals to be processed and other circumstances that affect the procedures.

Active standing

However, the sources do not specify when they will enter fully into the issue of active standing to appeal the pardons, the main obstacle to overcome in most of the resources before getting to the bottom of the matter.

Because only those who prove that they have been directly harmed by the release of the prisoners can go to the Supreme Court, hence, for example, Citizens have opted for resources individually and not as a party.

Legitimation can be claimed by the Lawyers at the beginning of the period for answering the claim in the “preliminary allegations” and from here the Supreme Court can address it when it deems it appropriate.

Therefore, it does not have to pronounce immediately once this question is raised and, even, it can resolve it when it addresses the merits of the appeal, that is, it is left for the sentence, an option that according to the sources wins many integers.

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