EU judge favours Spain's extradition request for former Catalan Prime Minister

EU judge favours Spain's extradition request for former Catalan Prime Minister
Catalan leader in exile Carles Puigdemont is seen at a Catalan protest in Brussels after Spain's Supreme Court sentenced nine separatist leaders from Catalonia, Tuesday 15 October 2019. Credit: Belga / Jasper Jacobs

Former Catalan Prime Minister Carles Puigdemont has lived in exile in Brussels following his involvement in the illegal Catalan independence referendum in October 2017. The Belgian Public Prosecutor's Office refused to extradite Puigdemont despite repeated calls from Spain.

Now, the European Court of Justice (ECJ) has produced a legal opinion on Thursday outlining that Belgian judges were wrong to allow him to remain in Belgium. The future of Puigdemont in Belgium may hang by a thread if judges follow the ECJ's opinion.

A Spanish court issued a European Arrest Warrant (EAW) against the Spanish politician, who has worked as an MEP in the European Parliament since 2019.

Spanish arrest warrant

The Spanish Supreme Court took the case to the European Court of Justice, after the Brussels court decided in January 2021 that Puigdemont would not be handed over to Spain, as the Belgian court believed that he would not receive a fair trial there.

However, the ECJ Attorney General Jean Richard de la Tour stated on Thursday that Puigdemont's extradition could not be stopped due to 'systemic flaws' in Spain's rule of law without proof. For now, it is only the opinion of the Advocate General, but judges of the ECJ usually follow it.

In addition to Puigdemont, his former ministers Antoni Comín and Clara Ponsatí also reside in Belgium as MEPs in the European Parliament.

A final verdict in the case is expected within a few months, which could determine Puigdemont's future.


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