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You can find the current article at its original source at http://www.theguardian.com/world/2017/nov/05/carles-puigdemont-what-will-the-belgian-authorities-do-next
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| Version 1 | Version 2 |
|---|---|
| Carles Puigdemont: what will the Belgian authorities do next? | Carles Puigdemont: what will the Belgian authorities do next? |
| (about 1 month later) | |
| By 9.17am CET Monday morning – 24 hours after Carles Puigdemont and his four ministers handed themselves in to Belgium’s federal public prosecutor – an investigating judge must decide whether to arrest the deposed president of Catalonia and his colleagues under Belgian law. | By 9.17am CET Monday morning – 24 hours after Carles Puigdemont and his four ministers handed themselves in to Belgium’s federal public prosecutor – an investigating judge must decide whether to arrest the deposed president of Catalonia and his colleagues under Belgian law. |
| The judge could then decide to release the politicians anyway, but with conditions. If an arrest warrant is issued by Monday morning, a file on the case will be submitted to the pretrial chamber of the court of first instance. | The judge could then decide to release the politicians anyway, but with conditions. If an arrest warrant is issued by Monday morning, a file on the case will be submitted to the pretrial chamber of the court of first instance. |
| The court must then decide within 15 days from the issuing of the Belgian arrest warrant whether the European arrest warrant issued by the Spanish government shall be executed. | The court must then decide within 15 days from the issuing of the Belgian arrest warrant whether the European arrest warrant issued by the Spanish government shall be executed. |
| Any of the five could then appeal the decision of the court. The court of appeal has 15 days to take a decision. A further appeal to the court of cassation is then possible, if any of the politicians want to challenge of the court of appeal. It, in turn, has 15 days to give a decision. | Any of the five could then appeal the decision of the court. The court of appeal has 15 days to take a decision. A further appeal to the court of cassation is then possible, if any of the politicians want to challenge of the court of appeal. It, in turn, has 15 days to give a decision. |
| Only once this process is complete will Puigdemont, Maria Aleu Serret, Antoni Oliveres Comin, Lluis Gordi Puig and Clara Obiols Ponsati, be deported to Spain to face legal action there. | Only once this process is complete will Puigdemont, Maria Aleu Serret, Antoni Oliveres Comin, Lluis Gordi Puig and Clara Obiols Ponsati, be deported to Spain to face legal action there. |
| The most likely argument from the Catalan politicians’ lawyers will be that the charges made by the Spanish government, in particular that of sedition, do not exist in Belgian law. This would be grounds to dismiss the European arrest warrant. The lawyers may also argue that the Spanish judiciary is not sufficiently independent, a line of attack that is less likely to be successful. | The most likely argument from the Catalan politicians’ lawyers will be that the charges made by the Spanish government, in particular that of sedition, do not exist in Belgian law. This would be grounds to dismiss the European arrest warrant. The lawyers may also argue that the Spanish judiciary is not sufficiently independent, a line of attack that is less likely to be successful. |
| Carles Puigdemont | Carles Puigdemont |
| Belgium | Belgium |
| Catalonia | Catalonia |
| Spain | Spain |
| Europe | Europe |
| analysis | analysis |
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