The Court of Justice of the European Union (CJEU) has ruled this Tuesday that Belgium cannot reject the surrender of those accused by the ‘Procés’, this Tuesday giving the reason to the Supreme Court magistrate Pablo Llarena by ruling that Justice The Belgian cannot refuse to hand over those accused by the ‘Procés’ claimed to be tried in Spain to question the powers of the Supreme Court as the authority to issue such Euro-orders.
The sentence handed down by the Grand Chamber of the European Court, before which there is no appeal and is mandatory, responds to the harmful questions sent by Llarena in March 2021 after the Belgian Justice refused to hand over the former Minister Lluis Puig on the grounds that the competent court to claim his extradition should be the Superior Court of Justice of Catalonia and that if he is handed over in Spain fundamental rights such as the presumption of innocence could be put at risk.
Llarena went to the European Justice to clarify both the scope of the issuance of the European Arrest and Surrender Orders (OEDE) issued by the Supreme Court against several defendants for their role in the ‘Procés’, including the former president of the Generalitat Carles Puigdemont, as the reasons for denying the execution of Eurowarrants.