Puigdemont alleges a minor translation error to try to win the final battle of the CJEU

  • His defense relies on a change of criteria in the final sentence regarding the ruling of the EU attorney general

The decision of the attorney general of the European Union to endorse the theses of the judge of the Supreme Court paul larena on the European orders and not those of those who fled from the ‘procés’, with the former president Carles Puigdemont at the head, represented a hard setback for the pretensions of these. In their attempt to have the final judgment of the European Union Superior Court of Justice (CJEU) separate from that opinion, they have alleged a minimal translation error in the European directive on which the ruling they disagree with was based.

Sources from the defense of the former Catalan president point out to EL PERIÓDICO DE CATALUNYA that they trust that the final ruling on Euroorders of the CJEU departs from the proposal for a resolution made by the attorney general Jean Richard de la Tour on July 14, because they maintain that does not coincide with the criterion maintained until now by European justice. Nevertheless, At the moment they have alleged a minor translation error in the European directive regarding European orders that has already been corrected by the European justice.

It is more of a nuance. If the opinion stated that nothing in it could be interpreted “in the sense of preventing the surrender of a person against whom a European arrest warrant has been issued”the translation accepted as more correct would say: “Nothing in the framework decision may be interpreted as prohibiting the refusal of delivery of a person against whom a European arrest warrant has been issued”, according to El Confidencial and confirmed by this newspaper.

systemic vulnerability

De la Tour proposed to the CJEU that it resolve Judge Llarena’s doubts about Euroorders, replying that A country cannot deny the delivery of a claimed person to another Member State unless there is a systemic violation of rights on the claimant.

Related news

The magistrate of the Supreme Court investigating the ‘procés’ and, therefore, claiming the fugitives, raised a question for a preliminary ruling to the CJEU before the Belgian refusal to hand over the ‘former Minister’ of Culture Lluís Puig because, in the opinion of the Belgian justice, the Spanish high court would not be competent to try the defendant, which he understood to be a violation of his rights.

The Court of Justice of the European Union plans to make public the ruling that will put an end to the issues raised by Llarena at the end of the year, according to its president, Koen Lenaerts, on a visit to the Spanish Constitutional Court in May.

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