The Supreme Court judge, Pablo Llarena, has approached his Italian colleagues to tell them that the process against Carles Puigdemont is still underway and that there is no type of standstill. The magistrate affirms in an official letter sent to the Sassari court of appeal that “the judicial procedure from which the euro order derives is active and pending the capture” of the fugitives.
The arrest of Puigdemont, pending how the ruling of the European Justice on his immunity is interpreted
An official letter in which Llarena makes it clear that the preliminary ruling on the parliamentary immunity of the former president and the possibility of surrendering him does not paralyze this process. “I accompany the Prejudicial Issue raised in its day before the CJEU,” he says, “whose processing does not modify the situation in which the procedure is currently, without prejudice to the fact that it must be accommodated in its day to interpretation that of European law, and on the strict issues raised, carried out by the CJEU “.
Carles Puigdemont was arrested last night at the Sardinian airport and is awaiting a decision from the Italian courts. His defense affirms that the extradition process cannot go ahead as the dispute over his parliamentary immunity and the possibility of being handed over to Spain by the European courts is pending resolution.
Llarena’s communication sends a clear message: the magistrate has no intention of waiving the extradition process due to the fact that the European courts have yet to make a decision on the doubt raised by the Spanish magistrate. It only explains that the judicial procedure against him will have to adapt when a decision in this regard arrives.
Llarena explains through Judge José de la Mata, our country’s representative at EuroJust, that the arrest warrant translated into Italian will be sent on Monday. What is attached is “the Italian translation of the preliminary question and it is stated that whatever documentation is required will be sent” in the extradition process.
Extradition and question for a preliminary ruling
Two legal proceedings run in parallel in the case of Carles Puigdemont. On the one hand, the delivery order issued by Llarena in 2019 to be delivered to the Spanish authorities and tried in the Supreme Court. On the other hand, the preliminary ruling also issued by Llarena on the possibilities of requesting the surrender of Puigdemont when the Belgian courts refused to surrender the fugitive former minister Lluís Puig.
The Belgian judges at that time denied the delivery of Puig to the Supreme Court, understanding that he should not be tried by the high court but by a Catalan court, among other reasons. Llarena submitted up to seven questions to the CJEU in this regard.