The soap opera around Carles Puigdemont, the former president of Catalonia still in exile in Belgium despite a European arrest warrant issued against him by Spain, continued with the judgment delivered this Tuesday morning by the Court of Justice of the EU (CJEU).
She had been seized in 2021 by the Spanish Supreme Court in order to see more clearly on the latitude available to a Member State – in this case Belgium – not to follow up on a European arrest warrant.
Very nuanced
Belgian justice had, in fact, considered five years ago that there was no need to apply the European arrest warrant, considering that it is not up to the Spanish Supreme Court to judge Puigdemont but to the Catalan courts.
Hence a risk of an unfair trial for Carles Puigedemont.
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In its ruling, European justice is very nuanced in its responses.
In favor of the Spanish Supreme Court, it thus considers that "
an executing judicial authority does not have the option of refusing the execution of an EAW on the basis of a reason for non-execution which proceeds from the sole right of the executing Member State
" and recalls that "
the principles of mutual trust and recognition between Member States constitute the cornerstone of the EAW's system of judicial cooperation
".
The judges of the Court of Luxembourg also argue that "
the executing judicial authority cannot verify whether an EAW has been issued by a judicial authority which was competent for this purpose under the national law of the Member State of issue and refuse its execution when it considers that this is not the case
".
In short, according to this analysis, the arguments of the Belgian courts for not enforcing the arrest warrant issued against Carles Puigdemont do not hold.
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However, the CJEU also admits that judicial authorities have the possibility of overriding an EAW issued by another Member State when two conditions are met: if there are in this State "
systemic or general shortcomings in the functioning of the judicial system
" and “
serious and well-founded reasons
” to believe that the person sought runs the risk that “
his fundamental right to a fair trial will be violated
”.
This presupposes that a “
prior request for additional information be made to the judicial authority issuing
” the European arrest warrant.
These reversals will help us to plead political persecution
Gonzalo Boye, one of Carles Puigdemont's lawyers
In Spain, the CJEU's decision is generally interpreted as a victory for the investigating judge, more or less clear-cut depending on the political convictions of observers or the editorial lines of the media.
The most direct titles are published by the conservative press, like that of ABC.es: "
European justice agrees
with [Judge]
Llarena and smoothes the way for Puigdemont to be delivered to Spain
".
On the other hand, the Catalan daily close to the secessionist movement
Ara
has a much more nuanced reading of the judgment: “
European justice partially gives reason to Llarena and opens the door to new European arrest warrants against exiles
”.
This last question, also posed by the Spanish judge to the CJEU, is of particular interest to the defence.
A recent revision of Spain's penal code, won by ERC, Puigdemont's rival pro-independence party currently in power in Catalonia, removed the offense of sedition, the most heavily punished charge against Puigdemont and several of his regional ministers.
Judge Llarena therefore had to withdraw this accusation and he must issue a new warrant which will have to be examined by the Belgian judges.
"
It gives a little the impression of being in a film by the Marx brothers
"
,
declared Monday evening to
Figaro
Gonzalo Boye, one of the lawyers for Carles Puigdemont and the two other MEPs claimed by Madrid, Toni Comin and Clara Ponsati.
“
Here are my offences, if you don't like them, I have others”.
These reversals will help us to plead political persecution
.”
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Puigdemont's defenders will cling to the nuances introduced in the CJEU's conclusions.
After the publication of the decision, the lawyer underlined on Twitter a sentence of the decision: "
Cannot, in particular, be considered as a court established by law, a national supreme court which decides in the first and last resort on a case without having an express legal basis giving it jurisdiction to try all the defendants
”.
The legal conflict between the Spanish courts and the separatist defendants who have taken refuge in Belgium has therefore not yet been resolved.
Next step, the decision of the General Court of the European Union concerning the lifting of the immunity of Puigdemont and the two other MEPs prosecuted by Madrid, expected next spring.
SEE ALSO
- "
I am free and I will continue to fight
", declares Carles Puigdemont
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