How the EU Helped Puigdemont Evade Spanish Justice

The European Union is founded on principles that transcend national borders while respecting the sacrosanct nature of national sovereignty, forging a union where the rule of law and mutual solidarity are supposed to stand as cornerstones. Member states are expected to cooperate with each other to uphold justice, support democratic governance, and maintain internal security. Or so they should. Carles Puigdemont’s escape from Spain, however, starkly contrasts with these fundamental principles, raising serious concerns about the integrity of the EU’s shared values.

Puigdemont, the former president of Catalonia, fled Spain after leading the 2017 Catalan independence referendum—a vote deemed illegal by the Spanish Constitutional Court. His actions plunged Spain into one of its most severe constitutional crises in recent history, challenging the very fabric of Spanish sovereignty. When he fled to Belgium to avoid prosecution, Puigdemont sought refuge in a fellow EU member state, effectively dodging Spain’s legal system.

This evasion not only raises questions about the EU’s supposed respect for national sovereignty but also sets a troubling precedent for the bloc as a whole. The European Union was designed to bolster the sovereignty of its member states by creating a unified bloc that respects the internal laws and judicial processes of each nation. By allowing Puigdemont to remain in Belgium, the EU delivers a jarring contradiction: that the laws of a member state can be flouted without consequence, thereby eroding the very sovereignty the Union seeks to protect. A gross contradiction by all accounts, especially considering the EU’s obsession over the past decade with Hungary’s and Poland’s respect of the rule of law and the independence of the judiciary.

Moreover, Puigdemont’s presence in Belgium first and France now (just 8 km from the Spanish border) is a blatant affront to the principle of solidarity—another supposed pillar of the EU that encourages member states to stand together in times of crisis. Spain faced a critical challenge in maintaining its territorial integrity and enforcing its constitution. Solidarity should have compelled Belgium to assist Spain in upholding its legal system. Instead, Puigdemont’s asylum in “fellow” EU member states has allowed him to continue promoting a secessionist agenda that destabilizes Spain, undermining the unity and cooperation that the EU is meant to foster among its members.

Puigdemont’s escape has also compromised the European Arrest Warrant (EAW), a tool which is intended to streamline the extradition process, ensuring that individuals accused of serious crimes cannot evade justice by crossing borders within the EU. Belgium’s reluctance to enforce the EAW issued by Spain in Puigdemont’s case has made a mockery of this, casting doubt on the efficacy of EU-wide judicial cooperation. If the EAW can be disregarded or delayed based on political considerations, it loses its authority, rendering the EU’s justice system vulnerable to exploitation.

Puigdemont’s escape also poses broader risks to the integrity of the EU. By sheltering a fugitive from justice, the EU unwittingly signals that political disputes can override the rule of law. This not only threatens the Union’s internal cohesion but also emboldens separatist movements across the continent, who may see Puigdemont’s defiance as a blueprint for undermining state authority.

However, the responsibility for this situation does not lie solely with the European Union. The Spanish government, led by Prime Minister Pedro Sánchez, has played a significant role in enabling Puigdemont’s continued evasion of justice. Sánchez’s government has been appeasing Catalan separatists, seeking to maintain political stability by offering concessions. This approach, while aimed at defusing tensions, has also sent a message of weakness to Puigdemont and his supporters. By failing to take decisive action to ensure that Puigdemont faces justice, the Sánchez government has effectively allowed him to operate with impunity.

This complicity is particularly troubling in light of the recent political developments in Spain. Sánchez’s government relies on the support of Catalan separatists to maintain its fragile majority in parliament. This makes Sánchez reluctant to pursue Puigdemont aggressively, as doing so could jeopardize the delicate balance of power in Madrid. In essence, the Spanish government’s own political survival has been prioritized over enforcing the rule of law, undermining the integrity of the nation and the European Union as a whole.

In the midst of this political landscape, a few days ago, Puigdemont made a dramatic return to Catalonia, seizing an opportunity at a moment of significant political change. The Catalan government, freshly reconstituted after months of political maneuvering, was in the midst of formation. Puigdemont’s return was seen by his supporters as a bold move to reassert his influence over the region’s politics and to play a pivotal role in shaping the new government. His presence in Catalonia during this critical time was symbolic, suggesting that the separatist movement was far from over and that Puigdemont remained a central figure in the push for independence.

However, his return was short-lived. Despite the initial bravado, Puigdemont soon found himself under renewed pressure from Spanish authorities. The Spanish government, though constrained by its reliance on Catalan separatist support, could not ignore the legal proceedings that had long been in place against him. Fearing arrest and a potential trial that could lead to a significant prison sentence, Puigdemont once again fled Catalonia. This time, his escape was even more dramatic, occurring just as the new Catalan government was being appointed.

Puigdemont’s second escape shows how precarious his situation is. It also highlights the limits of the Spanish government’s approach to the Catalan crisis. Puigdemont was allowed to flee by a group of Catalan police officers (currently 6 of them are under arrest charged with having facilitated his escape). Puigdemont’s second evasion was also possible thanks to the complicity of the Spanish Government which, in a cost-benefit analysis, decided that his arrest would create such political turmoil that it was best to let him leave.

This latest episode in Puigdemont’s saga has further complicated Spanish politics and raised questions about the effectiveness of both national and EU institutions in addressing the challenges posed by separatist movements. Puigdemont’s ability to come and go from Catalonia with relative impunity is a stark reminder that the issues stemming from the 2017 referendum continue to haunt both Spain and the broader European Union.

The consequences of this situation are profound. Puigdemont’s continued evasion not only weakens Spain’s sovereignty but also sets a dangerous precedent for other separatist movements across Europe. If political leaders can escape justice by exploiting the weaknesses of the EU’s judicial cooperation, the entire Union is at risk of being destabilized. Moreover, the Sánchez government’s complicity in this matter undermines trust in the rule of law, both within Spain and across the EU, eroding the very principles that are supposed to unite the Union.

Carles Puigdemont’s repeated escapes from justice highlight a profound failure of the European Union to uphold its alleged core principles of sovereignty, solidarity, and cooperation. The complicity of the Sánchez government in allowing this situation to continue further exacerbates the problem, revealing a troubling willingness to sacrifice the rule of law for political expediency. If the EU and its member states do not take decisive action to address this issue, they risk not only the erosion of the Union’s integrity but also the very stability of Europe itself. The time for leniency has passed; it is now imperative that the EU and Spain work together to ensure that justice is served and that the rule of law is upheld across the continent.