Lead image by Toshiko Sakurai
Extradition Request Violates Schengen
It’s amusing how mainstream media has heaped tons of praise on Mariano Rajoy’s handling of the Catalonia independence vote. His handling has been totally inept and it is about to bring down the Belgium government.
The issue in play is the Schengen agreement that governs political asylum. Without a doubt, the Catalan leaders in exile cannot get a fair trial in Spain.
Eurointelligence notes there is a limited list of crimes to which the European Arrest Warrant applies but none of the three crimes Puigdemont is indicted for – rebellion, sedition and misuse of public funds – are on that list.
Politically, this is a nightmare for the Belgian government, a complicated four-party coalition under the liberal Charles Michel, who is now in an open clash with the radical Flemish party N-VA. Its leader Bart de Wever confirmed his support for Puigdemont yesterday, saying that he is a welcome friend who should not be let down. This comes shortly after the prime minister insisted that Puigdemont came without a political invitation, but as an individual using the rights granted under Schengen.
No Chance of Fair Trial
Eurointelligence is strongly against independence, yet accurately concludes Catalans Cannot Get a Fair Trial.
“It is clear that dismissed Catalan premier Carles Puigdemont is in Brussels to seek a headline that says: Belgian courts rule that Spain does not guarantee a fair trial. And, after yesterday’s events in Spain’s National Court, he’s almost guaranteed to get it. This is the stuff of nightmares for the Spanish government, which so far enjoys the unwavering support of its European partners; and for the Belgian Prime Minister, who is tottering on the brink of a government crisis as it is.”
Catalan Separatism Energised Again
From Eurointelligence
The political consequences of the imprisonment of the entire dismissed Catalan cabinet – save for the five members of it that are in Brussels – will be severe. Yesterday there were spontaneous demonstrations in Catalonia, and pot-banging has returned. There are calls for a general strike next week. And the odds that there will be a single non-partisan “civic” list encompassing all separatist parties, and members of the grass-roots, have risen considerably. In the current mood, this could possibly also include members of the fence-sitting Catalan ally of Podemos, and even members of the Catalan socialists.
Before yesterday, there were reports that Mariano Rajoy was hoping to regain the support of the Basque Nationalist Party PNV for his 2018 budget. The PP would hope to improve its result in the regional elections, potentially entering into a coalition with other unionist parties. According to the noted parliamentary correspondent Fernando Garea, the government did not count on a deal with the PNV until after the Catalan election, but a budget deal in January would be a precondition for Rajoy being able to serve a full term. Otherwise, early elections beckon. The implication must be that now early elections are on the horizon.
Catalonia Tweets
Although the #CatalanReferendum was a mess, they still have right to secede (as does any democracy). https://t.co/1IA0RIf2T6
— Steve Hanke (@steve_hanke) November 3, 2017
Jailing of 8 Catalan ministers for “rebellion” (15-30 years) is corrupt. Charge requires violence but the only violence has been from Spain.
— Defend Assange Campaign (@DefendAssange) November 2, 2017
Rajoy Will Not Survive
As I said in the beginning, Rajoy will not survive his inept handling of the independence vote. In fact he fueled it. Suppression of basic rights will not work, no matter how much the EU buries its head.
A few days ago Eurointelligence mocked Puigdemont’s speech in Brussels as a “circus”. The real circus act is by Rajoy, the Madrid courts, and the EU.
Libertarian Position
If you mistakenly believe Spain is in the right, please read Uncharted Territory, Spain to Take Over Catalonia Government: What’s the Libertarian Position?
No real Libertarian can support Madrid.
Mike “Mish” Shedlock
“Without a doubt, the Catalan leaders in exile cannot get a fair trial in Spain”. Well, I will descend to your level of argumentation: Without a doubt you can’t stop spreading bs nonsense in your blog, more irrelevant every single day.
The Euro-zone faces a slew of problems but in my eyes, two of the most pressing are that Italy is insolvent and Spain is coming apart with Catalan separatists defying Spanish Prime Minister Mariano Rajoy. Financially Italy is the Euro-zone’s Achilles heel, not only is Italy insolvent (it’s not alone in that), but there’s a gigantic effort to hide the depth of its problems. The article below explores these issues.
http://Euro-zone Problems-Italy-Spain And Bad Debt.html
Is this the farce after the tragedy or the farce before the tragedy?
And also noteworthy perhaps is the Belgian government washing its hand of the affair (and hence distancing itself from local political fallout) for the UK’s Daily Mail newspaper reports: – “Belgian Justice Minister Koen Geens said his government will have no influence over the future of ex-Catalan leader Carles Puigdemont or four other Catalan officials because the European arrest warrant issued by Spain “is a completely legal procedure.”
He said, unlike a normal international extradition, “the executive power does not play any role in the EAW procedure. Everything goes through direct contact between the justice authorities.”
Read more: link to dailymail.co.uk ”
A futher point to ponder is that the Catalans who are highly likely to stand trial in Spain will be seen to have received a fair trial if the government and judiciary of Spain can make it so – as well they might – and so Puigdemont and his fellow fugitives from justice in Belgium would then risk looking even more cowardly and ridiculous. Puigdemont is a busted flush in all likelihood – and he may well deserve such a fate for having led Catalonia on such a disasterous course.
Eurointelligence might have confused itself perhaps. The Schengen Agreement relates mainly to free movement (i.e. dispensing with checks upon EU passport holders when they cross Schengen Area borders) – so as Puigdemont presumably relied upon when he cross various borders on his flight to Belgium. The European Arrest Warrant flows from a framework decision of the European Council in 2002 (see link to gov.uk ) and is therefore distinct from the Schengen Agreement. It provides inter alia (in Article 2 (1)) that: – “A European arrest warrant may be issued for acts
punishable by the law of the issuing Member State by a
custodial sentence or a detention order for a maximum period
of at least 12 months or, where a sentence has been passed or
a detention order has been made, for sentences of at least four
months.”
Do the Catalans believe they have an independent nation? Where are their independent police, and other governmental institutions? What are they doing with half their leadership in detention in Spain and the other half holed up in Brussels?
The more you read the more Spain looks embedded with corruption at the highest levels.
Massive news, kept off front pages.
Rajoy party, public money etc. Very serious allegations. Spanish press suppressing news as so inflammatory.Some allegations INDRA diverted 600k euro to T
Indra alleged to have made donation THEN GETS TO COUNT THE CATALONIANS ELECTION VOTE!!
link to eldiario.es
Rajoy party involved in 60 scandal accusations currently
It’s official, the Spanish judicial system is working in secret to favor Catalan separatism. It’s the only possible explanation for the small minded interpretation of the law they have shown. Hundreds of people will switch votes, decide to stay home or abstain from any action that might look pro-Spain for every single day the Catalan leaders spend in jail. I disagree with a lot of what Mish says but I wholeheartedly agree in that the central government’s handling of this has been and will continue to be beyond pathetic. Get ready for rivers of ink and many lawyerly opinions. The Basques, for example, are interpreting the document drawn by the Catalan Parliament in an interesting way: the say independence was not declared because it is only mentioned in the preamble of the law but that the articles (the legally binding part) only call for the conformation of a constitutional body. This way, they say they do not need to recognize the new Catalan republic because it was not proclaimed. This would be an interesting line for defense lawyers to take, even if it would make Catalan leaders look somewhat clownish.
Jokes, the pair
once upon a time? Junker of Luxembourg.Wasn’t Verhofstadt prime minister of Belgium u
Very bleak.
The whole lot lack emotional intelligence.
We are witnessing the future in the EU. Bleak, autistic and unable to solve problems.
@Mish the fact that you say this: “Eurointelligence is strongly against independence, yet accurately concludes Catalans Cannot Get a Fair Trial.” speaks volumes of your lack of objectivity making this blog into a political pamphlet. What Eurointelligence said was: “It is clear that dismissed Catalan premier Carles Puigdemont is in Brussels to seek a headline that says: Belgian courts rule that Spain does not guarantee a fair trial.”. So not even remotely the same thing. You have been completely wrong on this from day one but heck double down all you want