The acting president of the TS, satisfied with the ruling of the CJUE: "It is a support for the Supreme Court and the investigating judge"

It is not "concerned" that a Eurowarrant may be denied for violation of the rights of an identifiable group

BARCELONA, 31 Ene. (EUROPA PRESS) -

The acting president of the Supreme Court (TS), Francisco Marín, has said that the court he presides over is satisfied with the ruling of this Tuesday of the Court of Justice of the European Union (CJEU) in the preliminary ruling on the Euro-orders of the leaders of the 1-O abroad, and sees it as "support for the Supreme Court and the investigating judge", Pablo Llarena.

"The feeling that exists in the Supreme Court is satisfaction with the CJEU's decision," he said in statements to journalists in Barcelona at the end of the act of delivery of offices to the 71st promotion of the judicial career.

It has highlighted that the CJEU ruling "responds to the question that has been put to it, establishing as a rule that the courts of the State that receives the order cannot analyze the jurisdiction of the court that sends the order in accordance with the laws of its own court".

"To put it more clearly, the Belgian courts do not have to deny the competence of the Spanish Supreme Court in accordance with Spanish law", and he has stressed that this implies not being able to apply a national law that is not that of the court, something in what he has said that the CJEU has been very clear.

The CJEU has ruled this Tuesday that one of the exceptions for which a Eurowarrant can be denied is that a specially identified group of people runs the risk of not having the right to a fair trial, which the defenses have celebrated as a victory.

When asked about this point, Marín replied: "It will depend on each one how they interpret it. I don't know what an identifiable group is referring to. If the question is whether the Supreme Court is concerned, I understand that it is not."

Another option, which the CJEU also rules out, is to deny the Euro-order because there is a systemic failure in the rights protection system of a State, and Marín has ruled out that this happens in Spain because "there is no systemic or structural deficiency that puts into question risk an equitable process for people who are handed over to Spain by virtue of a Eurowarrant".

He has ruled out ruling on whether a new request to the European Parliament is necessary to request a new Euro-order, appealing to the fact that "independence is also respected within the court itself" and that therefore it cannot give orders to the investigating judge.

Asked if he considers that the sentence of this Tuesday brings extraditions closer or not, he replied: "I am not going to comment on the matter because they know that there are other pending issues related to immunity. The CJEU sentence says that they can be repeated the Euro-orders, he says it very clearly and I get the impression that there is no doubt about that".