The European Justice agrees with the Supreme Court against Belgium and opens the way for the delivery of Puigdemont to Spain

The Court of Justice of the European Union (CJEU) has agreed on Tuesday with the Supreme Court magistrate Pablo Llarena when ruling that the Belgian Justice cannot reject the delivery of those accused by the ‘Procés’ claimed to be tried in Spain, among them the former Catalan president Carles Puigdemont, based on the risk that his fundamental rights will be violated if he does not demonstrate systemic and widespread deficiencies in Spain, nor can he question the powers of the Supreme Court as the authority to issue such Euro-orders.

The sentence handed down by the Grand Chamber of the European Court, before which there is no appeal and is mandatory, responds to the questions referred by Llarena in March 2021 after the Belgian Justice refused to hand over the former Minister Lluis Puig on the grounds that the competent court to claim his extradition should be the Superior Court of Justice of Catalonia and that if he is handed over in Spain fundamental rights such as the presumption of innocence could be put at risk.

Llarena went to the European Justice to clarify both the scope of the issuance of the European Arrest and Surrender Orders (OEDE) issued by the Supreme Court against several defendants for their role in the ‘Procés’, including the former president of the Generalitat Carles Puigdemont, such as the reasons for denying the execution of such Euro-orders.

There will be expansion…

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