Court rules Puigdemont must return to Spain for re-election
Legal Solutions
Spain's top court said Saturday that Catalonia's fugitive ex-president must return to the country and be present in the regional parliament to receive the authority to form a new government.
The Constitutional Court ruled that a session of Catalonia's parliament scheduled for Tuesday would be suspended if former leader Carles Puigdemont tries to be re-elected without being physically present in the chamber.
The court also said that Puigdemont must seek judicial authorization to attend the session.
Catalonia's separatist lawmakers have been considering voting Puigdemont back in as regional chief without him returning from Belgium, weighing options that included another parliament member standing in for him or him addressing the lawmakers via video.
The separatist leader fled Spain after the regional parliament made an unsuccessful declaration of independence on Oct. 27 in violation of Spain's Constitution. He is wanted in Spain on possible rebellion and sedition charges and is likely to be arrested if he returns.
The court, in a unanimous decision of the 11 magistrates present, said that the investiture of Puigdemont would be suspended without the previous authorization of a judge, "even if he is physically in the chamber."
That specification comes amid speculation that Puigdemont could try to slip back into Spain and sneak past police into the Barcelona-based parliament to be re-elected. Spain's Interior Minister, Juan Ignacio Zoido, said this week that police were increasing surveillance to ensure that doesn't happen.
The court also ruled that neither Puigdemont nor the four other former members of his Cabinet who also fled to Belgium to avoid a judicial summons three months ago could delegate their vote for Tuesday's session in another candidate.
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Nicholas C. Minshew - Minshew & Ahluwalia LLP
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.