Spanish Justice Misleads the EU Court of Justice and Violates International Law

On Tuesday, the Spanish Constitutional Court ruled that the arrest warrants against exiled Catalan leaders are active despite the fact that Spanish authorities informed the EU Court of Justice that they were suspended, a lie that is expected to have serious consequences for the Spanish state. This ruling, however, will not have any immediate impact on the extradition procedures against Carles Puigdemont, Toni Comín, and Clara Ponsatí in Italy and Belgium, where the proceedings have already been suspended by national courts, pending EU court decisions on their immunity as MEPs and the Luxembourg court’s response to the questions raised by Spain’s Supreme Court over the European arrest warrant system in March.

Immunity

The EU Court of Justice lifted the immunity of Puigdemont as MEP in spring, pending the resolution of an appeal, arguing that there was no risk of detention against him after Spanish authorities informed the court that his extradition order was suspended. However, the court said that immunity could be provisionally granted again if he faced the risk of arrest again. Thus, following his detention in Sardinia on September 23, the exiled President’s lawyers requested that the EU Court restore his immunity on October 1, pending a final decision on the issue.

Extraditions Rejected

Germany, Belgium, Scotland, and Italy have refused to extradite exiled leaders Carles Puigdemont, Clara Ponsatí, Toni Comín, and Lluís Puig on several occasions since 2017.

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