Supreme Court Judge Pablo Llarena Studies asking European Court of Justice (CJEU), based in Luxembourg, wher Germany has implemented European arrest warrant well. Sources of High Court have confirmed that trainer of case against leaders of procés is volorando possibility of posing a prejudicial question to CJEU about framework decision on Euroorden and delivery procedures between The Member States. If Llarena finally gives this step, Puigdemont Euroorden procedure will be suspended while Luxembourg court resolves.
Since he met resolution of Schleswig-Holstein court to rule out delivery of Catalan former president for rebellion, late Thursday afternoon, judge and prosecution are seeking options to save that crime, which vertebra whole cause Open in High Court against leaders of procés, but all sources consulted admit that margin is scarce. If Germany does not give Puigdemont for rebellion in Spain, it cannot be judged for that crime. The possibility of going to court in Luxembourg is only door that high Court has seen for now.More information
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In this prejudicial question, judge may ask one or more questions about wher Germany is correctly implementing Euroorden procedure as a matter of doubt that instructor himself has to act from now on after knowing Germany's decision. Since it was learned that Schleswig-Holstein court ruled out delivery for crime of rebellion, from some legal fields, including from High Court, doubts have been raised as to wher Germany has exceeded its role in deciding Delivery and has entered subject fund (wher or not re was violence and what scope). The recourse to Luxembourg would allow European court to decide and, if it is considered that Germany has been overruled, situation can be restated.
In any case, measure that is being raised Llarena would allow instructor to gain time after decision taken yesterday by Court of Schleswig-Holstein to rule out surrender of former Catalan president for crime of rebellion. If judge finally opted to go to Luxembourg, procedure of euroorden of Puigdemont would be paralyzed until question was resolved.
This issue may also affect arrest and delivery orders of or defendants who are outside of Spain because Justice of Belgium (where y are Antonio ate, Meritxell Serret and Lluís Puig), Switzerland (Marta Rovira and Anna Gabriel) and United Kingdom (Clara Ponsatí) might choose to wait for Luxembourg decision, since ir response also affects m. In that case, most feasible option is to first judge defendants who are in Spain and, later, seven eloped.
In a note presented this Friday, attorney-General's office has already pointed to possibility that German judiciary has been over-constrained and also raises possibility of going to European court. The Public prosecutor's Office recalls that European legislation recalls that processing of European arrest warrant should be limited to assessing that facts constitute a crime in state executing surrender (in this case Germany) "irrespective of Constituent elements or qualification reof. "