Friday

22nd Sep 2023

Germany's Puigdemont release puts Spanish court in bind

  • Last week, supporters of Puigdemont in Barcelona called for his release in a protest (Photo: Assemblea.cat)

The German ruling not to extradite Catalan ex-president Carles Puigdemont to Spain will have major ramifications for the further course of Spain's legal action against the organisers of the independence referendum.

By deciding that Puigdemont cannot be extradited on the charges of 'rebellion' – and to be released on bail on Friday morning – the German court in the state of Schleswig-Holstein on Thursday (5 April) has effectively intervened in the legal affairs of a fellow EU country.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

Puigdemont still can be extradited to Spain under a European arrest warrant, but only on lesser charges of embezzlement – the issue here is whether his government used state funding to organise the referendum, which had been declared illegal beforehand by Spain's highest court.

But Puigdemont is not the only Catalan politician wanted or apprehended by Madrid.

As the Spanish newspaper El Pais pointed out on Friday, the German decision puts Spain's Supreme Court in a bind.

If the court does manage to have Puigdemont extradited to Spain from Germany, it can then only prosecute Puigdemont on the lesser charges.

Moreover, the Supreme Court would find it difficult to argue that other Catalan politicians should be tried for rebellion, if Puigdemont was not.

The newspaper cited an anonymous court source saying that this would be unfair.

"Why should Puigdemont benefit from his escape and the others imprisoned in Spain be charged with not only embezzlement, but also the crime of rebellion?" the source said.

Complaints could also be heard from Madrid about the fact that a German court "equivalent to provincial court" was in charge of the decision – but that is ignoring the fact that unlike Spain, Germany is a federal country, where its 16 states have far-reaching powers.

The Schleswig-Holstein court decided that Puigdemont could not be extradited on the charges of rebellion, because his actions would not be judged similarly in Germany. The German constitution does have the crime of high treason, but because there was no evidence that Puigdemont caused violence, the court argued, this did not apply.

Although the European Union has freedom of movement, much related to legal affairs is still done at the national level – which can lead to conflicting interpretations like in the Puigdemont case.

The Catalan ex-leader fled the Spanish region after the regional parliament declared its independence from Spain, following the referendum marred by police violence but 'won' by the separatists.

Limited flight risk

Several Catalan separatists are facing trial in Spain, while others have left the country in self-imposed exile. Some reside in Scotland, others in Belgium.

On Thursday, Belgian authorities informed three former Catalan ministers - Antoni Comín, Lluís Maria Puig, and Meritxell Serret – of the European arrest warrant against them. They had willingly reported to a court in Brussels for an interrogation, and were released on bail.

Puigdemont meanwhile is expected on Friday morning to be released, if a bail sum of €75,000 is paid. The German court said flight risk was limited after it had decided that extradition on the charges of rebellion had been dismissed.

If the Germans do decide that Puigdemont should be extradited to Spain, he could face up to twelve years in prison over the embezzlement charges.

Catalan separatists mull 'symbolic' presidency

Catalan separatists leaders are discussing a plan that would allow their exiled leader keep influence in the region - even if he cannot be elected president of the government.

Puigdemont ghost hangs over Catalan vote

The Catalan parliament is due to elect the president of the regional government, amid uncertainties over the whereabouts and strategy of the self-exiled separatist leader.

Opinion

Catalan independence trial is widening Spain's divides

What is really needed is not the theatre of a rebellion trial, but a forensic examination of whether public funds were misused, and a process of dialogue and negotiation on how the Catalan peoples' right to self-determination can be satisfied.

Opinion

Orbán's 'revenge law' is an Orwellian crackdown on education

On Tuesday, the Hungarian parliament passed a troubling piece of legislation known by its critics as the 'revenge law', which aims to punish and intimidate teachers who dare to defy Viktor Orbán's regime. This law is a brutally oppressive tool.

Latest News

  1. Here's the headline of every op-ed imploring something to stop
  2. Report: Tax richest 0.5%, raise €213bn for EU coffers
  3. EU aid for Africa risks violating spending rules, Oxfam says
  4. Activists push €40bn fossil subsidies into Dutch-election spotlight
  5. Europe must Trump-proof its Ukraine arms supplies
  6. Antifascism and fascism are opposites, whatever elites say
  7. MEPs back Germany's Buch to lead ECB supervisory arm
  8. Russia to blame for Azerbaijan attack, EU says

Stakeholders' Highlights

  1. International Medical Devices Regulators Forum (IMDRF)Join regulators, industry & healthcare experts at the 24th IMDRF session, September 25-26, Berlin. Register by 20 Sept to join in person or online.
  2. UNOPSUNOPS begins works under EU-funded project to repair schools in Ukraine
  3. Georgia Ministry of Foreign AffairsGeorgia effectively prevents sanctions evasion against Russia – confirm EU, UK, USA
  4. International Medical Devices Regulators Forum (IMDRF)Join regulators & industry experts at the 24th IMDRF session- Berlin September 25-26. Register early for discounted hotel rates
  5. Nordic Council of MinistersGlobal interest in the new Nordic Nutrition Recommendations – here are the speakers for the launch
  6. Nordic Council of Ministers20 June: Launch of the new Nordic Nutrition Recommendations

Stakeholders' Highlights

  1. International Sustainable Finance CentreJoin CEE Sustainable Finance Summit, 15 – 19 May 2023, high-level event for finance & business
  2. ICLEISeven actionable measures to make food procurement in Europe more sustainable
  3. World BankWorld Bank Report Highlights Role of Human Development for a Successful Green Transition in Europe
  4. Nordic Council of MinistersNordic summit to step up the fight against food loss and waste
  5. Nordic Council of MinistersThink-tank: Strengthen co-operation around tech giants’ influence in the Nordics
  6. EFBWWEFBWW calls for the EC to stop exploitation in subcontracting chains

Join EUobserver

Support quality EU news

Join us