Publication: Tuesday, March 9, 2021 4:03 PM
The magistrate of the Supreme Court who is investigating the case, Pablo Llarena, asked the Court of Justice of the European Union (CJEU) if Belgium could block the surrender of former President Carles Puigdemont and the rest of the leaders separatists in the country.
It does so after the European Parliament votes to withdraw the immunity of leaders who are also MEPs: Puigdemont, Toni Comín and Clara Ponsatí. This preliminary ruling is not trivial, since Belgium has already refused to surrender former minister Lluis Puig, considering that the Supreme Court was not the competent body to request extradition.
Thus, Llarena wants the CJEU to rule on the possibilities of this euroorder and the reasons for its refusal. Once it has obtained the response from the highest European body, it will decide whether to maintain, withdraw or issue new European orders concerning Lluis Puig, Carles Puigdemont, Antoni Comín, Clara Ponsatí and Marta Rovira, against which prosecutions are instituted for sedition, embezzlement of public funds or disobedience.
As indicated by legal sources at LaSexta, as soon as it has the communication from the European Parliament, it will inform the Belgian justice that the arrest and surrender orders are reactivated, so that all the processes are launched.
On August 7, 2020, a court of first instance in Brussels refused the delivery of Lluis Puig. The resolution was confirmed on January 7 by the indictment chamber of the Brussels Court of Appeal.
The Belgian judges denied the surrender of Lluis Puig to the Supreme Court because they understand that the competent body to investigate the case is not the Supreme Court but the Superior Court of Justice of Catalonia and because his surrender would put endanger the fundamental rights of the defendant, such as that of the presumption of innocence.