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Italian Justice Has 60 Days To See Whether Or Not To Apply Euroorder To Puigdemont

The judge frees the former president of the Generalitat and summons him for October 4

The legal representation of the former president of the Generalitat Carles Puigdemont asked the Court of Appeal of Sassari (Italy) to postpone his statement until today Saturday in order to prepare it, something to which the magistrates agreed, releasing the current MEP, summoning him to declare the next October 4 and without prohibition of leaving the island of Sardinia.

At the same time, the investigating judge of the cause of the procés in the Supreme Court, Pablo Llarena, sent to that Italian court the European arrest warrant that weighs against the former president of the Generalitat.

The Italian Court considers that he continues to enjoy immunity as a MEP and therefore his right to travel freely to participate in meetings of the European Parliament should prevail.

In the official letter, it is indicated that this arrest warrant is “currently in force and pending the capture of the defendants in a rebellious situation. In addition, the Prejudicial Issue raised in its day before the CJEU is attached,” whose processing does not modify the situation in which the procedure is currently, without prejudice to the fact that it must accommodate in its day to the interpretation of European law, and on the strict issues raised, made by the CJEU “, adds Judge Llarena.

According to the Framework Decision of the Council of the European Union, which regulates the application of the euro order among its member states, the Italian Justice has 60 days from the date of arrest to decide whether to apply it, but if Puigdemont agrees to be handed over, that margin it is reduced to 10 days. The maximum term, once the decision is made, to execute the Euroorder is 10 days from the final decision to execute it by the judges.

Puigdemont, in addition, can again request precautionary measures from the CJEU to try to regain his immunity as a MEP and stop the course of his extradition to Spain. It should be remembered that the former Catalan president appealed to the European Justice last May the decision of the European Parliament to suspend his parliamentary protection so that he could be tried in Spain and the European Court is still examining the appeal, although in July it denied him the precautionary measures that requested to regain parliamentary immunity while the case was resolved.

In the order with which he denied the precautionary measures, the CJEU magistrates determined that this decision was limited to temporary measures and that Puigdemont could file a new lawsuit if his arrest during a trip as an MEP were likely. The order referred, specifically, to the case that he was arrested or some action was carried out aimed at handing him over to the Spanish authorities, as is now the case.

This situation remains active because the CJEU has yet to decide on Puigdemont’s appeal on the decision of the European Parliament to suspend his parliamentary protection so that he could be tried in Spain.

This is the second time that Carles Puigdemont has been arrested in a European country, the previous one was in Germany in 2018. The Higher Regional Court of Schleswig-Holstein issued his bail of 75,000 euros and indicated that extradition was possible on the basis of to the crime of embezzlement, but not to rebellion, so the Spanish Justice decided to wait for a new arrest in another country.

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