- The Belgian argument has been distorted by the Court of Justice of the European Union, so the request of the independent leader of the judge of the Spanish Supreme Court has once again been valid. However, Europe states that the Spanish justice system has "systemic deficiencies", including opposition to "objectively identifiable" human groups.
The Court of Justice of the European Union has established criteria for the refusal of Euroorders: Catalan independence leaders will not be able to deny the Spanish Euroorder with arguments so far, but new avenues have been opened.
Until now, Lluis Puig is the only exile without immunity, and Spanish judge Pablo Llarena asked Belgium to do Spanish. The latter, however, rejected the Euroorder on the grounds that the Supreme had no powers in the matter, but that the Superior Court of Justice of Catalonia. The Court of Appeal in Brussels therefore considered that there was a risk of an unfair trial.
The European Court of Justice has not supported the Belgian argument. However, it has opened other avenues: on the one hand, before complying with the Euroorder, Brussels will be able to examine whether Spain systematically violates the rights to a fair trial and, on the other hand, will be able to refuse entry into Spain if it demonstrates that there is harassment of a "objectively identifiable" human group.
Belgium should analyse and demonstrate these factors. It will not be able to resolve any lack of competence of Judge Llarena, but it will prove a "manifest incompetence".
Today, Carles Puigdemonte, Toni Comin and Clara Ponsa are protected from immunity because of their Euro-parliamentary character. But if this persists or loses immunity, the Court of Justice is due to decide in March. In the event of a loss, the Supreme could reinstate the Euroorder for Spain.
Although Puig got the support of Belgium, now the Spanish Supreme and Pablo Llarena can re-order their Spanish.