EU court strips Catalan separatist leaders of immunity

OVIEDO, Spain

The Court of Justice of the European Union ruled on Wednesday that Catalan separatist politicians serving in the European Parliament do not have diplomatic immunity, paving the way for their extradition to Spain.

The case affects former Catalan President Carles Puigdemont and two other politicians involved in the 2017 attempt to break the region of Catalonia away from Spain.

After the independence attempt failed, the politicians fled into self-imposed exile to avoid being arrested and tried on serious charges in Spain. In 2019, they were elected members of the European Parliament in Brussels.

However, in 2021 the EU legislature voted to strip them of their diplomatic immunity. The politicians appealed the decision to the EU Court of Justice, which temporarily reinstated their immunity. The latest decision leaves them legally vulnerable yet again.

The court's decision against the Catalan leaders gives new ammunition to Spanish Supreme Court judge Pablo Llarena, who is expected to issue an extradition request to Belgium in the coming hours or days.

However, after nearly five years of a legal cat-and-mouse game, the Catalan politicians say the fight is not over yet.

“Nothing is over. On the contrary, everything continues,” tweeted Puigdemont. “We will present an appeal to the court and defend our fundamental rights to the end.”

He explained that the Catalan politicians have two months to present an appeal. From then, the court will have six months to make a final decision.

Legal experts say Belgian authorities may wait until the court’s final ruling before accepting a Spanish extradition request.

In late 2022, Spain overhauled its criminal code to eliminate the charge of sedition. The legal reform means fewer years in prison for the fugitive Catalan politicians but could also increase the likelihood that another EU country will accept Spain's extradition request.