Beatriz Navarro, 14 July 2022
European justice is inclined to support Judge Pablo Llarena in the face of Belgium’s refusal to hand over former Minister Lluis Puig to Spain. The conclusions of the General Advocate of the European Union, Richard de la Tour, published today indicate that the Belgian justice exceeded its functions and are clearly aligned with the thesis of the magistrate of the Supreme Court on the resolution of the European orders that weigh against Puig.
The report refers to the former minister but, in practice, it will also serve to clarify the procedural situation of Carles Puigdemont and the rest of the Catalan politicians whose surrender Spain demands. The European sentence, which will be issued at the end of the year, will determine what margin Belgium has to deny the execution of their respective European orders, once the appeal presented by the former president on the decision of the European Parliament to lift their immunity is resolved. If the criteria of the General Advocate are followed, it will be very scarce, which once again opens the door to Puigdemont’s extradition.
“A judicial authority cannot refuse the execution of a European arrest warrant based on the risk of violation of the right to a fair trial of the requested person if the existence of systemic or generalized deficiencies that affect the judicial system of the Member State is not demonstrated. issuer”, the Advocate General clarified today in response to preliminary questions sent by Judge Pablo Llarena to the Court of Justice of the EU (CJEU).