Little would have lasted the journey of Carles Puigdemont by Europe since he was arrested on March 23, 2018 on German soil if the crimes of rebellion or sedition had been indisputable in the Euro order issued. Today the European Parliament has approved including sedition in the list of categories that require immediate delivery between countries and, if it had been approved then, the former president of the Generalitat would be, almost with total security, in Spanish territory.
If in 2018 that place was chosen to arrest him – in an operation in which, together with the German Police, the Spanish participated – it was because, although this crime was not recorded in the German Penal Code, he did contemplate the high treason. But it was not enough. There was no identity between the two and the former president of the Genelatitat was fortunate enough to “fall” before a court that, with a subjective criterion, rejected the surrender, with the consequences that we all know. Today things would have been very different.
Although the Euroorder is based on the mutual recognition of judicial decisions between the member countries, this does not mean that it operates automatically. In fact, it only works that way in 32 categories of crimes that are common in all the countries of the European Union: terrorism, corruption, homicide or human trafficking, among others. If the Euroorder has been effective in any way, it is in crimes of terrorism, which has allowed the arrest and rapid delivery of dozens of ETA, the last Josu Veal Y Natividad Jauregui, the latter precisely from Belgium, where today Puigdemont and three of the four Councilors who fled with him reside.
The fact that the crime of sedition did not appear until today in that common catalog implied that the judge could refuse delivery if the crime did not exist in the country of detention or if there was already a judicial process for those same crimes in their own country, among other cases. Also taking refuge in the fact that the country that claimed the person in question could not respect their rights.
The advantage of sedition being part of that catalog of crimes common to member countries is that delivery times will be reduced (by operating automatically without entering to assess the correspondence of crimes), which can be a minimum of ten days (if the detainee consents) or a maximum of 60 days otherwise.