The European Justice endorses Llarena and recognizes that the Supreme Court can issue Euro-orders against Puigdemont

The Court of Justice of the European Union (CJEU) has given the reason to the magistrate of the Supreme Court this Tuesday Pablo Llarena by ruling that the Belgian Justice cannot reject the delivery of those accused by the process claimed to be tried in Spain, among them the Catalan ex-president Carlos Puigdemont.

However, the sentence includes whether there can be a refusal to surrender if it is considered that in Spain there are “systemic deficiencies” to guarantee their fundamental rights. The sentence of this Tuesday is essential to determine his judicial future, pending also that the General Court of the EU decide whether or not to lift his immunity.

The ruling allows the Supreme Court magistrate Pablo Llarena issue a new Euro-order against the Catalan ex-minister Luis Puigwho fled with Puigdemont to Belgium in 2017 but who, unlike the former president, is not an MEP and therefore does not enjoy immunity

The Belgian Justice considered that if it were delivered in Spain, their fundamental rights could be put at risk

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 Puig on the grounds that the court competent to request his extradition should be the high Court of Justice from Catalonia and that if it were delivered 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 Warrants (EAO) issued by the Supreme Court against several defendants for their role in the processincluding the former president puigdemontsuch as the reasons for refusing the execution of such Euro-Warrants.

Puigdemont’s lawyer: “Today is a good day”

Lawyer Gonzalo Boyewho represents the former president of the Government and the former ministers Clara Ponsatí and Lluís Puig, has expressed after knowing the ruling: “Today is a good day.” “The CJEU sentences are to be read in their entirety,” Boye has published on his Twitter account.

The lawyer has defended the lawyer’s argument Isabel Elbal Sanchezwhich has indicated the key to the sentence is “that a eurowarrant if the existence of “deficiencies that affect the judicial protection of an objectively identifiable group of people to which the defendant belongs” is demonstrated.

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