Yes, it was the Puigdemont case that led us to worry about something that seemed within the scope of specialized jurists. To us and millions of people in our country. Throughout 2017 and 2018 we were alarmed by attacks on the democratic reputation of our country through false news and organized misinformation from dirty servers. Spain was the laboratory to conduct an experiment on how to weaken European democracy .

Yes, we were worried about the thousand tricks of filibusterismo developed by the expensive lawyers of the former president of the Catalan autonomous government with the intention of avoiding the action of Justice. It is important at this point to remember that neither secessionist ideas were persecuted or prosecuted, but the alleged crimes linked to the concerted and continued attempt to destroy the democratic rule of law in Spain in order to illegally build an identity state in a Part of its territory. We cannot forget the tweet of a satisfied Puigdemont posing with the sentences of the Constitutional Court that he disobeyed.

We are still concerned about the attempt of ideological domestication of half or more of the Catalan population, because the way to try to impose secessionist identity is exclusive and contrary to the very concept of political pluralism. Identity fans destroy the political space because they live identity as an uncompromising religion.

That was the beginning of the work we have been developing. As we became interested in the Euroorder mechanism, we realized that it needs improvements in this world that has been transformed so much. Crime and the search for impunity have been globalized. In fact, the Commissioner-designated for Home Affairs has stressed that the architecture of police cooperation must be prepared to "eliminate dead angles" and "deal with new and emerging threats."

We completely agree. That is precisely what we need to apply to European judicial cooperation. We need to be effective in the mutual recognition of judicial decisions in the Common Area of ​​freedom and justice to avoid the dead angles that allow impunity for those who have a lot of money to avoid the action of Justice and face new and emerging threats Against our legal systems. That is why we have indicated this during the audition to the Commissioner-appointed Justice Didier Reynders. However, we also consider the analysis of the European Parliament in 2014 on abuses in the issuance of euro-orders for misdemeanors or improperly. The procedural guarantees of those who can be abused by the system is, without a doubt, another of the pillars of the adjustments we request.

Through the reports that we have been able to access, we can indicate that there are different areas of improvement in the Euroorder . First, Reynders undertakes to open infringement proceedings against the States that have applied it incorrectly. That is the case of his country, Belgium, which the Strasbourg Court of Human Rights has condemned for not having examined with sufficient rigor a demand for delivery issued by the Spanish authorities, the alleged murderer of ETA Natividad Jaúregui in the murder of Manuel Romeo. The Court of Strasbourg condemns to indemnify its family, that was humiliated and forced to a painful way towards the recognition of its right to justice. It is good that the new College of Commissioners considers the possibility of sanction, because it is waiting for other cases, in other causes.

Secondly, it is necessary to update the criminal categories that currently exist in the scope of the mechanism. The world has changed. At the time, there were no completely homogeneous criteria to establish the 32 categories. The list could be described as heterogeneous and inaccurate. Therefore, the content of the list is the aspect that, most urgently, should be reformed. A modification that includes definitions of the categories, to determine what reality is regulated and that allows the identification by each Member State - by its judicial authorities - of the crimes included in the list. What we need is to clarify what crimes of those typified in the legal system of each Member State could be subject to the precept . This in simple language means equality before the law and making it difficult for those who have access to expensive lawyers to avoid the action of justice.

We consider it essential to include in this list a category referring to crimes whose protected legal good is constituted by the defense of the democratic rule of law, including territorial integrity and the defense of the validity of the rule of law.

The future Commissioner of Justice has shown us his willingness to present improvements in this line that will ensure the smooth functioning of the Euro-order in the framework of the debate with the European Parliament. Never again should we allow the escaped from justice like Carles Puigdemont to make fun of our country by judicial tourism through the Schengen area. We have play space and reasons to work.

We are aware that success in the European Parliament is built on commitments and that is the next stage that we begin. We offer the other groups a hand extended for joint reflection, for the exchange of arguments, for constructive debates in order to weave consensus tirelessly. Our common goal must be to end impunity .

** Maite Pagaza and Luis Garicano are MEPs of Citizens

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  • European Parliament
  • Spain
  • ETA
  • Carles Puigdemont
  • Belgium
  • constitutional Court
  • Parot doctrine

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