European justice reviews conflict between Belgium and the Supreme Court over the Euroorder for those fleeing the ‘process’

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European Justice reviews the conflict between Belgium and the Supreme Court over the Euroorder for those fleeing the 'process'. Spain
Carles Puigdemont with his lawyer Gonzalo Boye as he leaves the Brussels prosecutor's office in October 2019.
Carles Puigdemont with his lawyer Gonzalo Boye as he leaves the Brussels prosecutor’s office in October 2019.Demi Alvarez

European justice examines questions raised by Supreme Court magistrate Pablo Larea this Tuesday that could mark the judicial future of Carles Puigdemont. Following Belgium’s refusal to hand over Spain for the offense of embezzlement, Luis Puig, the former Minister of the Generalitat—the fugitive, like the former Catalan President of Justice of Spain—Llarena raised a question for a preliminary decision for the Court of Justice. European Union (CJEU). Llarena intended for the CJEU to limit Belgium’s chances of overturning the Euroorder for treason and embezzlement issued against Puigdemont and former councilor Tony Comyn, and against former councilor Clara Ponsati (only for treason). , who are paralyzed awaiting the answer of Europe. A hearing will take place this Tuesday in the presence of all parties, and the sentencing will come in a few weeks.

In the brief sent to the CJEU, Lalarena raised seven questions. Some want answers about how he should act as a judge who issues the Euroorder, while others aim to specify the role of the Belgian justice in the European Court of Justice. First, Llarena asks the CJEU whether Belgium can refuse delivery “based on the reasons for the refusal provided in its national law, but not so considered in the framework decision” that governs Euroorder. . This is one of the main complaints from the Supreme Court instructor regarding the arguments put forward by Belgium to deny the delivery of former counselor Puig.

The instructor also asks whether the Belgian justice can “question the competence” of the Supreme Court to judge the case; Namely, rejecting the delivery because he thinks he is not capable, as was the case with Puig. This thesis is one of the main points of the confrontation between the justice systems of the two countries, as Belgium maintains that the country’s exodus Process They must be tried by the High Court of Catalonia, but the Supreme Court, with the support of the Prosecutor’s Office, defends its jurisdiction, which was approved by the Constitutional Court.

At this Tuesday’s hearing in Luxembourg, Louis Puig will not testify. It is expected that the lawyers for both sides – former minister and present their arguments before judges in the Grand Chamber of the Spanish State – EU Court of Justice. The hearing is not expected to last more than a day, reports Manual V. Gomez.

The CJEU’s responses to Llarena will largely determine the chances of success of another European order, issued against Puigdemont, which is processed by Belgium. Community justice is also pending to resolve the appeal of former President Against the decision of the EU Parliament to lift his immunity as an MEP. Awaiting both proposals is not only the Belgian but also the Italian, who must decide on a surrender request made by Larena last September after Puigdemont was arrested – and later released in Sardinia.

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