January 28, 2021

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Home » Content » The European Parliament asks to include the crime “against constitutional integrity” in the euro order
"The ultimate objective is to improve this key instrument of judicial cooperation between EU countries to prevent those responsible for serious crimes from avoiding the action of justice by moving to another member state of the Union". The inclusion of the crime against constitutional integrity could mean that sedition is considered as one of the crimes for which extradition is automatically granted. The use of violence would be necessary for automatic delivery

JAUME MASDEU | BRUSELAS 01/12/2020

In the case of the Euro-orders against Carles Puigdemont, since sedition does not appear in the list of the 32 crimes of automatic surrender, the prosecution has to show that there is a definition of a similar crime in Belgian law (David Ramos / Getty)

The Civil Liberties Commission of the European Parliament asks to expand the list of 32 crimes that involve automatic surrender in the event that a Euro order is issued, without having to check whether the crime is typified in the same way in the country requesting the extradition and the recipient. And among the expanded list would be the crime of “crimes against the constitutional integrity of the member states committed using violence.” At the last minute and at the socialist request, the requirement to use violence has been added, something that was not contemplated in the initial report of the rapporteur, the popular Javier Zarzalejos.

These negotiations have allowed an agreement in the commission by a large majority. Now the report will be voted on in a next plenary session, be it in the middle of this month or in January. It is a recommendation from which the European Commission can propose a legislative initiative to modify the Euroorder.

The report will be voted on in a next plenary session, either in the middle of this month or in January

The inclusion of the crime against constitutional integrity could mean that sedition is considered as one of the crimes for which extradition is automatically granted, without verifying double criminality. It is also proposed to add other crimes to this automatic delivery list, such as serious crimes against public order, against the environment, some forms of tax evasion, gender-based violence, digital crimes such as identity theft, and also genocide, crimes against humanity and war crimes.

“The ultimate objective is to improve this key instrument of judicial cooperation between EU countries to prevent those responsible for serious crimes from avoiding the action of justice by moving to another member state of the Union”, said the rapporteur Javier Zarzalejos.

The inclusion of the crime against constitutional integrity could mean that sedition is considered as one of the crimes for which extradition is automatically granted

Let us remember that, in the case of the Euro-orders against Carles Puigdemont, since sedition does not appear in the list of the 32 crimes of automatic surrender, the prosecution has to prove that there is a definition of a similar crime in Belgian law. A process, as well as that of Toni Comín and Clara Ponsatí, currently suspended because they enjoy immunity as MEPs. Precisely, in January the three will declare in the European Parliament committee that they are processing their request to lift this immunity.

https://www.lavanguardia.com/politica/20201201/49840177057/parlamento-incluir-delito-contra-integridad-constitucional-euroorden.html

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