The decision, taken by the 12 magistrates of the plenary, means that the three individuals prosecuted in absentia for the Procés maintain the national arrest warrant should they return to Spain. This ruling is based on the criterion that granting the precautionary measures would mean addressing the substance of the appeal filed against the Supreme Court's refusal to apply the Amnesty Law.
Granting the precautionary measures would empty the content of the underlying appeals that all parties filed.
This criterion was already established in the plenary session on December 16, when it was decided to maintain the disqualification of the president of ERC, Oriol Junqueras, the general secretary of Junts, Jordi Turull, and former ministers Dolors Bassa and Raül Romeva. All of them were convicted of embezzlement, which the Supreme Court considers one of the exceptions to the law.
The plenary adopted the proposal of magistrate Laura Díez Bueso, who favored rejecting Puigdemont's precautionary measures, as well as those of magistrates Enrique Arnaldo and César Tolosa, regarding former ministers Toni Comín and Lluís Puig.
