Thursday, December 2

The European Justice keeps Puigdemont without immunity but continues to consider the Euroorders suspended


The European Justice maintains Carles Puigdemont without parliamentary immunity. But he continues to consider the Euroorders issued by the Supreme Court’s instructor, Judge Pablo Llarena, as suspended. What the vice president of the General Court of the European Union has resolved this Friday is the appeal presented by former president Puigdemont and his former councilors Toni Comín and Clara Ponsatí after the arrest of the first in Sardinia (Italy) this summer.

The reversal of the Supreme Court in Sardinia reinvigorates Puigdemont’s strategy

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The arrest occurred while the Spanish Supreme Court had not deactivated the European arrest and extradition orders for the three pro-independence leaders after the European Parliament had lifted the immunity of MEPs and the European Justice ruled in favor of that Decision of the European Parliament in a resolution that, also, given by suspended the Euro-orders. And because? Because it is still pending in the Court of Justice of the EU to resolve the preliminary ruling presented by the Supreme Court itself in relation to the rejection of the euro order by the Belgian justice of the former minister Lluís Puig with the argument that the rights of the accused as the case has been instructed by the Supreme Court instead of by the Superior Court of Justice of Catalonia.

And what happened this Friday? That, after the arrest in Sardinia, Puigdemont, Ponsatí and Comín returned to the court based in Luxembourg to show that, although the CJEU is considering the Euroorders suspended, Spain keeps them active and, therefore, all three may be arrested like the one in Sardinia.

Although the vice-president of the TGUE agrees with the three MEPs in the fact that new events have occurred since their previous ruling, he decides to keep the three without immunity while insisting that the Euro-orders are not enforceable.

“Far from demonstrating the existence of serious and irreparable damage,” says the resolution, “the events subsequent to the arrest of Mr. Puigdemont in Italy (release the following day expressly based on the considerations that appear in the first order of measures and suspension of the procedure for the execution of the European arrest warrant) confirm that, drawing the consequences of the approach of the request for a preliminary ruling, the executing judicial authorities have no intention of executing the European arrest warrants directed against the deputies before the Court of Justice rules on this petition and that, therefore, said deputies do not run the risk of being handed over to the Spanish authorities at this stage “.

And he adds: “By virtue of the principle of loyal cooperation, the national authorities must take into account the suspension of the criminal process and the execution of the European arrest warrants directed against the deputies. The premise that some competent national authorities might not extract all the consequences of the presentation of the request for a preliminary ruling can only be hypothetical, and cannot serve as a basis for the declaration of the existence of serious and irreparable damage “.

Thus, the court based in Luxembourg, Junts maintains, understands that “the suspension of the procedure is a legal obligation and, unlike what Judge Llarena maintains, does not need the issuance of any type of resolution that specifically agrees to said suspension” .

The consequence of this is that “the Euroorders issued by Judge Llarena are unenforceable as long as the prejudices that Judge Llarena himself sent to the CJEU are not resolved. In any case, no Member State can execute an arrest warrant from the cause that is is still before the Supreme Court because said procedure is suspended. We are not granted precautionary measures, but we are right in the sense that the Euro-orders are not enforceable and that they cannot be stopped. “, Junts explains:” The General Court recalls that the immunity of Article 9.2 of Protocol Number 7 has never been lifted and, therefore, the three MEPs retain their immunity from posting [que tiene doble sede parlamentaria, Bruselas y Estrasburgo]”.





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