Independenceism has its sights set on the decision of the European justice that will be made public tomorrow, Wednesday, on the immunity of former president Carles Puigdemont. For the Supreme Court (TS), the position adopted by the General Court of the European Union (TGUE) will mean being one step closer to being able to sit in the dock. However, those around Puigdemont believe that the game is still long and that this will be nothing more than another twist in the judicial labyrinth.
The TGUE pronounces tomorrow on two aspects that have paralyzed the delivery of Puigdemont to the Spanish justice system, which has been demanding him since he fled in October 2017 after the failed unilateral declaration of independence. On the one hand, he has to decide on the lifting of immunity by the European Parliament, at the request of the trial judge Pablo Llarena, to be able to claim his extradition to Spain, since he is an MEP. And on the other hand, to rule on whether the procedures that were carried out to grant the pleading regarding Puigdemont to open the criminal case for sedition were correct.
The defense of the ex-president and former councilor Toni Comín alleges that the European Parliament breached its obligation to motivate in a “sufficient and adequate” way. In addition to the violation of various rights, he reiterates that it is a “political persecution against the Catalan independence leaders”.
However, what is ruled is not the last word, because they can still appeal to the Court of Justice of the European Union. In addition, within the defense strategy, it is not planned to assume what the TGUE decides if it is not in its favor.
In other words, they foresee several options. A priori, if the European justice endorsed the decisions taken by the European Parliament, it would be the time for the Belgian justice to decide on the extradition of Puigdemont to Spain. As a preliminary step, Llarena should reactivate the European arrest warrants to restart the extradition process to Belgium. For the TS, if Europe endorses the petition and the lifting of immunity, the Belgian courts no longer have room for maneuver to refuse to extradite Puigdemont, on the basis of European cooperation.
Puigdemont’s defense believes that Llarena will have to re-apply to the European Parliament, that is, restart the process, because it was agreed that he should be tried for the crime of sedition. Here begins another mess. After this criminal type was repealed, the instructor had to modify the prosecution order and direct the case against the fugitives for the crime of embezzlement of public funds in its aggravated version and for the crime of disobedience.
For the Supreme Court, the petition granted is valid, because the embezzlement was already included in the medial contest and the disobedience was included in the sedition as one of the acts committed.
Meanwhile, it remains to be seen whether Carles Puigdemont would return to Catalonia in the event of receiving the support of the TGUE without the risk of being arrested and imprisoned in Spain.
