Carles Puigdemont calls for the removal of three judges from the Constitutional Court during his appeal process

In a significant development, former President Carles Puigdemont has rejected three magistrates of the Spanish Constitutional Court (TC) from deliberating on his habeas corpus appeal. The magistrates in question are Enrique Arnaldo, Concepcion Espejel, and Jose Maria Macias.

Puigdemont's defense has accused these magistrates of a "loss of the appearance of impartiality," citing their alleged close relationships with political parties as a potential conflict of interest. Puigdemont's criticism of Arnaldo stems from his promotion to the Constitutional Court, which his defense believes was due to his close relationship with the Popular Party.

In his book "Time of Constitution. Limits, controls, and checks on power," Arnaldo is said to have taken a preliminary position on the matters that are the object of the habeas corpus appeal, which Puigdemont's defense finds problematic. Additionally, Puigdemont alleges that Arnaldo shows animosity towards him and expresses sadness about the constitutionalist developments in Catalonia.

Espejel, a member of the Professional Association of Magistrates (APM), has been characterised by Puigdemont's defense lawyer Gonzalo Boye as giving "a clear demonstration of her personal opinion that the organization of the self-determination referendum of Catalonia held on October 1, 2017, was a criminal act." Boye also questions the impartiality of the magistrates, pointing to one who called Puigdemont a Nazi and another who dictated the challenged resolution.

Boye's disqualification as Puigdemont's defense lawyer in the habeas corpus challenge against the Supreme Court ruling was due to concerns over his alleged connections with certain members of the Spanish judiciary. Boye has also criticised Macias for having "pronounced himself against the interests of Puigdemont and his environment in a manifest way" throughout the years.

Puigdemont believes the circumstances are substantially the same as those that led Antonio Narváez and Cándido Conde-Pumpido, former magistrates of the TC, to recuse themselves from matters related to the procés. Espejel's promotion to the TC is also criticised as being due to her "close relationship with the PP."

Notably, Espejel proposed herself as a vocal of the General Council of the Judicial Power and issued a dissenting vote against the acquittal in 2020 of the chief of the Mossos d'Esquadra, Josep Lluís Trapero, for the 1-O.

As the habeas corpus appeal proceeds, the question of impartiality and potential conflicts of interest among the Constitutional Court magistrates remains a central issue.

Carles Puigdemont calls for the removal of three judges from the Constitutional Court during his appeal process