• Courts. Euro-orders against former Comín, Puig and Ponsatí consellers are reactivated
  • Procés.The Prosecutor's Office will ask to reactivate the Euro-orders against former 'consellers' Lluís Puig, Antoni Comín and Clara Ponsatí
  • Courts: Belgian justice delays the view of the euroorder against Carles Puigdemont on December 16

The Belgian Justice has decided this morning, as expected, to postpone once again the open process on the Euroorder that weighs on Carles Puigdemont, Toni Comín and Felipe Puig. The new date is February 3 at 2:00 p.m.

On October 29, the so-called Council Chamber had set the date of December 16 after granting a postponement to the lawyers of the former leaders of the Government, who had requested more time to prepare the defense properly.

After the reactivation of the Eurorden against Puigdemont, for which Judge Pablo Llarena has asked Belgium for his arrest and surrender, he started a process in the Prosecutor's Office of the country, which, in 'representation' of the interests of the Spanish Justice, and after Check that there were no formal defects in the application, he decided to take the case to the trial court. Subsequently, the Spanish Supreme Court also reactivated the Comor and Puig euroorders, and the Belgian Justice decided to group the three cases in the same procedure, instead of making several separate ones.

In today's hearing at the Brussels Courthouse, the lawyers of Puigdemont and Comín did not request a postponement of the hearing, but rather the suspension of the application of the Euroorder until an open issue of the important maxim is finally resolved: on the possible immunity of Puigdemont and Comín. But the magistrate has simply chosen a new postponement.

This has been explained by the three defendants and their lawyers, both the Belgian and the Spanish team headed by Gonzalo Boye, just half an hour after accessing the Courthouse. "The judge has admitted that it is a matter of procedural, hopefully by that date, on February 3, there is already a resolution" on immunity, explained Boye.

Puigdemont and Comín were elected in the last European elections, but have not taken possession of their MEP minutes. His Defense maintains that, despite this, they are entitled to the condition and associated immunity. The lawyers of the European Chamber, the European Commission and Spain say no.

Next Thursday, the EU Court of Justice will issue an expected ruling on the case affecting Oriol Junqueras, a series of preliminary questions that the Supreme Court referred to Strasbourg on the legal status of Junqueras, which took a seat in the elections European May, but that is not MEP because it has not formalized the requirements required by Spanish legislation. The result of this process could indirectly affect Puigdemont and Comín, and that is why the Belgian court has decided to wait a while until it has all the possible information before making a decision.

The EU attorney general issued an opinion a few weeks ago in which, to the surprise of the Supreme Court, the European Parliament and the Commission, he considered that a politician should be MEP from the moment the electoral count ends, without procedures or additional requirements The opinion is not binding, but magistrates often follow the advice of these lawyers 80% of the time.

The lawyers of Puigdemont and Comín also have a direct case before the Court of Luxembugo (two, to be precise), but those resolutions and appeals are still pending. So the eyes of the whole of Europe are set on Thursday's ruling, which without being executive (as the questions are consultative) is binding and could be decisive. Although it is possible, that if everything moves quickly, for February there is even a ruling on the case of both before the CJEU

The Dutch judge, in view of all the open issues and doubts about the possible or not immunity of Puigdemont and Comin, has considered that it was prudent to wait. He could have suspended the processing of the euroorder, had he considered that immunity did cover those claimed. Or he could have moved on, as Spain asks. But from the Belgian Public Prosecutor's Office they had recommended waiting until they had stronger elements.

According to the criteria of The Trust Project

Know more

  • Spain
  • Supreme Court
  • European Parliament
  • Carles Puigdemont
  • ERC
  • Catalonia
  • Oriol Junqueras
  • Gonzalo Boye
  • Europe
  • European Comission
  • Belgium

'Procés'The risks of' procés' in Europe, from Carles Puigdemont to the 1-O trial

'Procés' Carlos Puigdemont plans to settle in Perpignan

CataloniaThe war within Catalan separatism lastrates Pedro Sánchez's plan