The Court of Justice of the European Union rules that the Belgian judiciary could refuse the deliveries if it considers that there are “systemic shortcomings” in Spain to guarantee the fundamental rights of the affected persons.
No country of the European Union can the competence of the High Council to issue the Euro orders against the pro-independence leaders, but it could refuse to extradite them if it believes there are “systemic shortcomings” in Spain to ensure their fundamental rights, the EU’s Court of Justice said .
The judgment of the Grand Chamber of the European Court, against which no appeal is possible and mandatory, is a response to the preliminary rulings of the Magistrate of the Supreme Court Pablo Llarena in March 2021, after the Belgian judiciary approved the transfer of ex-minister Lluis Puig on the grounds that the competent court to request his extradition should be the Supreme Court of Catalonia and that if he were transferred in Spain, fundamental rights such as the presumption of innocence could be compromised.
This ruling already gives Supreme Court Magistrate Pablo Llarena the opportunity to issue a new Euro order against former Catalan minister Lluis Puig, who fled to Belgium in 2017 with former President of Catalonia Carles Puigdemont, but who, in unlike the former president, not an MEP and does not enjoy as much immunity.
Llarena went to European justice to clarify both the scope of the issuance of the European Arrest and Surrender Warrants (OEDE) issued by the Supreme Court against several defendants for their role in the ‘Trials’, including Puigdemont, and the reasons for refusing the execution of such Eurowarrants. Today’s verdict is essential to determine his judicial future, including pending the decision of the General Court of the EU whether or not to waive his immunity.
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Source: EITB
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
