ORIOL Junqueras, the deposed Catalan vice-president, is to launch a bid to be transferred from Estremera prison in Madrid to an institution in Catalonia and for permission to attend next week’s presidential inauguration.

His lawyer, Andreu Van den Eynde, said he had prepared a strategy that originates in Catalonia and could end in Europe, at the European Court of Human Rights in Strasbourg.

He told the Catalan daily El Nacional that he had abandoned plans to appeal against Junqueras’ preventive detention without bail, as there was no guarantee that instructing magistrate, Pablo Llarena, would release his client after the Supreme Court’s refusal last week.

“I will request it when there’s a scenario of plausible progressiveness,” he said. “They [the court] want to know what he’ll do politically.”

Van den Eynde said that talk of dialogue between Catalonia and Spain led nowhere, because the Spanish government did not want to talk.

Therefore, everything hung on what political actions Junqueras would take if he were in government, which could only become known after the investiture and the formation of the new Catalan executive.

The first step was to bring him from Madrid to a Catalan prison so he could be present at the investiture debate to fulfil his role as a representative of the people.

Llarena is scheduled to hear further evidence from sacked interior minister, Joaquim Forn, and from cultural leaders the two Jordis – Sànchez and Cuixart.

Van den Eynde said it was key that Junqueras convinced the judge that his plans for government did not include re-offending.

“If he’s president and says what he wants to do, they’ll see that the risk has reduced,” he said.

“The key is that they want to know what political role he has ... on a legal level, the pressure is brutal if Junqueras is president”.

The lawyer is also looking at the European option, but first they must ask the Constitutional Court for a writ of amparo, an appeal for the protection of constitutional rights, which could hinder the process.

In another appeal, Catalonia’s parliament has claimed the Spanish government acted against the constitution by sacking the executive and dissolving its chamber of representatives.

Parliament mounted an appeal in the constitutional court against the unprecedented enforcement of Article 155, under which Spanish prime minister Mariano Rajoy imposed direct rule on the wealthy state.

Measures undertaken by Rajoy had violated the Spanish Magna Carta, which grants the “right of autonomy” to all Spain’s territories, according to the appeal papers. Parliament’s text also argued that the measures enforced under Article 155 should be launched gradually, with “proportionality and transience”, and said Rajoy put them in place after “a mere rhetorical declaration”.

These actions, along with the calling of a snap election, were “inappropriate, unnecessary and thus, disproportionate”.

The appeal was launched after an independent body, the Council of Statutory Guarantees, said dismissing the Catalan president and his ministers did not respect the principles of “graduality and proportionality”.

Meanwhile, the deposed justice minister, Carles Mundó, one of those tipped to succeed Carme Forcadell as president of the Catalan parliament, has announced he is giving up politics for “personal reasons”.

He was one of the pro-indy political figures who spent 33 days in prison last year, from November 2 to December 5, when he was released on bail of €100,000 (£88,150). He told the Catalan News Agency he would remain committed to his party, ERC, but will return to his legal career.