• Tribune Sue Belgium before the Court of Justice of the EU

  • Sentence The CEl TC defends the competence of the Supreme Court to judge the leaders of 1-O against the snub of Belgium

  • Request: The European Parliament's Legal Affairs Committee supports lifting Puigdemont's immunity

The instructor of the cause of the procés,

Pablo Llarena,

moves token to try to prevent the Belgian justice from snubbing Spain again by rejecting the delivery of the fugitives of 1-O.

In a ruling, the Supreme Court magistrate has granted three days to the Prosecutor's Office, the other accusing parties and the lawyers of the defendants who are in a situation of rebellion, the former Catalan president

Carles Puigdemont

and the former councilors

Lluis Puig , Antoni Comín

and

Clara Ponsatí

to formulate arguments on the need to address the Court of Justice of the European Union (CJEU) to raise a preliminary ruling on the scope of the possibilities of petition and the reasons for refusing an arrest warrant and European delivery.

The objective of the judge is for the CJEU, in accordance with the Framework Decision 2002/584 / JHA, to rule on this matter before deciding whether to maintain, withdraw or issue new European Arrest Warrants against all or some of those prosecuted in the cited cause.

The magistrate also asks the parties to report on the content of the question or questions to be formulated.

The Belgian blow

In the resolution, Llarena explains that the Belgian judicial enforcement authority has officially communicated to him on February 1, 2021 its decision, of a firm nature, to deny the delivery of the defendant

Lluis Puig

, expressed in resolutions dated 7/8/2020 and 7/1/2021.

In this context, it considers that the interpretation of Union law and of the rules laid down in the Framework Decision on the European arrest warrant and surrender procedures between Member States carried out by the Belgian enforcement authority, which it has denied the delivery of the defendant Lluis Puig, "disagrees with that held by this Supreme Court, and that the definitive interpretation of the rule not only affects the delivery decisions that must be taken in the future and their procedural effectiveness, but also conditions the subsistence of measures that directly and permanently impact on the right to freedom of those affected, not only with respect to their freedom of movement in the current country of execution, but also all those other States of the Union where their arrest warrant operates today and that may restrict their freedom in the future. "

The judge recalls that in this case, in the pieces of the personal situation of the defendants Lluis Puig, Carles Puigdemont, Antoni Comín and Clara Ponsatí, two European arrest warrants have been issued, subject to the Council's Framework Decision 2002/584 / JAI , of June 13, 2002, as amended by Council Framework Decision 2009/299 / JHA, of February 26, 2009.

It also indicates that the setting of a three-day period is a consequence of the knowledge that the parties have on the matter, because the long processing of the Euroorders has facilitated their knowledge, since all the decisions are fully known for having been punctually notified to the parties, both in this proceeding, despite their rebellious situation, and in the State of Execution.

Following the decision of the European Parliament

The decision of the 1-O instructor comes when the Legal Affairs Committee of the European Parliament has given the green light this week to the legal report that recommends addressing the request of the Spanish Supreme Court to lift the immunity of Puigdemont, Comín and Ponsatí.

In addition, this initiative to raise a preliminary question before Europe also occurs when the Constitutional Court has unanimously endorsed the competence of the Supreme Court to prosecute the leaders of the

procés.

In the first judgment against the 1-O ruling, the court of guarantees evidenced Belgium's error in questioning the jurisdiction of the High Court when it rejected the surrender of Minister Puig last December.

According to the criteria of The Trust Project

Know more

  • Supreme court

  • Carles puigdemont

  • Clara Ponsati

  • Pablo Llarena Conde

  • Pilar Llop

  • Belgium

  • Spain

  • Justice

JusticeThe European Parliament's Committee on Legal Affairs endorses lifting the immunity of Carles Puigdemont

Sovereignist challenge The legal report of the European Parliament proposes lifting the immunity of Carles Puigdemont and the fled former councilors

CataloniaJxCat demands the Presidency of the Parliament for Borràs and retake the unilateral path

See links of interest

  • Work calendar

  • Barcelona - Elche, live

  • Atalanta - Real Madrid, live

  • Borussia Mönchengladbach - Manchester City