He agrees with Supreme Court Justice Pablo Llarena as there is no evidence of “systemic or general” failings that could jeopardize the rights of the defendants, nor are they able to question the Supreme Court’s powers. as the authority to issue such European orders.
The Advocate General of the Court of Justice of the European Union (CJEU) ruled on Thursday that: the Belgian Justice cannot refuse the delivery of those charged with ‘method’ claimed by Supreme Court Pablo larena, including the former Catalan president Carles Puigdemont
Attorney Jean Richard de la Tour warns that to refuse such deliveries, must be shown with “objective, reliable, accurate and duly updated data, the existence of a real risk” due to “systemic or generalized” disorders in the functioning of the judicial system of the issuing Member State, which could jeopardize the fundamental rights of the suspects. However, the European Commission, as guardian of the Treaties, stated during the court hearing in Luxembourg that there are no such problems.
Likewise, the lawyer points out that the Belgian courts cannot question the powers of the Supreme Court as the authority to issue such Euroorders, as the executing judicial authority thoroughly verifies the existence of a risk to the fundamental rights of the defendant without that there are systemic or generalized shortcomings “would be nothing more than the expression of an opposing distrust” of EU rules at European command. rules like the “principle of mutual trust” between the Member States which prevails in judicial matters and which the lawyer describes as “of the utmost importance”, and which should be fully applied to protect the area without borders within the EU and to simplify judicial cooperation to “combat against impunity”.
Llarena went to the European Justice Department 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 ‘Procé’, including former President of the Generalitat Carles Puigdemont , as the reasons for refusing to execute such European orders.
The Supreme Court magistrate referred the question to the CJEU in March 2021 after the Belgian justice refused to hand over former minister Lluis Puig to the Spanish authorities, because the competent court to demand his extradition should be the Supreme Court. of Justice of Catalonia and that if pronounced in Spain, fundamental rights such as the presumption of innocence could be at risk.
The opinion of the Advocate General is not binding on the CJEU, but in the vast majority of cases the judgments of the European Justice follow the line set out by these opinions.
(function(d, s, id) {
var js, fjs = d.getElementsByTagName(s)[0];
if (d.getElementById(id)) return;
js = d.createElement(s); js.id = id;
js.src = “//connect.facebook.net/es_ES/sdk.js#xfbml=1&version=v2.8”;
fjs.parentNode.insertBefore(js, fjs);
}(document, ‘script’, ‘facebook-jssdk’));
Source: EITB
I’m Wayne Wickman, a professional journalist and author for Today Times Live. My specialty is covering global news and current events, offering readers a unique perspective on the world’s most pressing issues. I’m passionate about storytelling and helping people stay informed on the goings-on of our planet.
