Spain asks the CJEU to revoke the position of the Belgian courts on the Euroorder: "It is illogical that the executing country controls the rules of the issuing country"

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In

there is no rule of law problem, any defendant has all the guarantees and, furthermore, "it is illogical and absurd for the country of execution to control the application of the competition rules of the issuing country."

These have been the arguments defended this Tuesday in

by the prosecutor of the Supreme Court,

, during his speech in Luxembourg at the long-awaited hearing held at the headquarters of the

on the case of the European orders on the independence leaders

This is a preliminary ruling referred by Judge Pablo Llarena for the CJEU to rule on the scope of the possibilities of issuing a

, as well as the reasons for its refusal, after the Belgian enforcement authorities have refused on several occasions to hand over former Minister

, the only one of those who fled to

who is still there but does not have a MEP seat.

The Belgian judges considered last year that the competent body to examine the accusations against Puig was not the Supreme Court, which issued the order, but a Catalan court, also considering that his delivery would endanger fundamental rights such as the presumption of innocence, relying on a report used by his defense.

Judge Llarena therefore asks the Court if EU law grants the Belgian enforcement body these powers, since the 2002 EU Framework Decision does not recognize it and furthermore, a change would mean breaking the essential principle of the current operation: the mutual trust.

This has been maintained by Fidel Ángel Cadena Serrano, with the support of the legal representatives of the

, who have stressed to begin with that there is no "systemic and generalized problem" of the rule of law in Spain, one of the requirements for

to be able to

take cover in it and stop deliveries.

The Commission does not believe either that a country can add reasons not covered by the

, as they seem to be doing

the courts.

"Mutual trust means mutual trust between equivalent systems. If there are no systemic problems, trust must be maintained," said the Commission's lawyer, according to EFE.

"To the extent that there are no systemic or generalized deficiencies, there will be no future risk," he has argued, pointing out that it is not necessary to examine the particular risk suffered by Carles Puigdemont and the former

.

In the last four years, the CJEU has covered the consequences of the escape of the former Catalan leaders and the legal battle from many angles.

This time it is about seeing if the Belgian magistrates grabbed at straws, as Spain denounces, for not respecting community procedures.

But the case has additional relevance, since the delivery processes of the rest of those claimed (

,

and

, all with a European seat) are stopped precisely waiting for this matter to be resolved.

In the autumn, the CJEU gave an important rebuke to Llarena and Spain after the arrest of the former

of the

in

.

Llarena asked the Italian authorities for the delivery, but the Luxembourg high court said that all proceedings were stopped until it resolved this issue, despite Llarena's anger.

In today's long hearing, extended until after lunch, all the interested parties, and there are many, have participated.

In addition to those mentioned,

and

have wanted to intervene, supporting the thesis of Spain, which was also represented by the State lawyer

, who has warned the European judges that with this case "it is at stake that an exceptional situation the tool" of the Euroorders becomes inoperative and qualifies.

Vox was as a person, with

.

On behalf of those claimed by the Justice,

and

were on behalf of the four former directors, who were also present in the room.

But in addition, the lawyers of

and

, fugitives but residents in

, have also wanted to give their opinion.

The Belgian State had the lawyer

.

In a few weeks or months, the CJEU will rule on the case.

Present today were 15 magistrates and the attorney general, a Frenchman.

And it will be the Danish

, vice president of the court, the rapporteur.

During the morning he has pointed out on several occasions the doubts that he sees in the Belgian reasoning, asking for more explanations.

Depending on the result, Llarena will have to decide whether to keep the European orders that are temporarily paralyzed as they are, whether to modify them or whether to permanently withdraw them, as the defenses demand.

Brussels considers that the general failures of the Spanish system should be proven first and then the specific consequences for each case, but the defenders consider it "disproportionate" that their clients be required to demonstrate the "systemic deficiencies" that they denounce, since that would be included in a report of

(WGAD that they constantly cite.

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