According to the government in Madrid, the declaration of independence was against the Spanish constitution and punishable by law. Subsequently, Puigdemont and two aides Toni Comín and Clara Ponsatí fled to Belgium, and Puigdemont was elected to the European Parliament in 2019.
The Court of Justice of the European Union ruled that they do not enjoy immunity because their actions are not directly related to their duties as Members of the European Parliament. This means they can be extradited to Spain, where they are wanted in connection with their involvement in Catalonia's 2017 independence referendum, which Spanish authorities consider unconstitutional.
The decision of the Court of Justice of the European Union is a major victory for the Spanish government, which has long sought to bring Puigdemont and other Catalan separatist leaders to justice.
Carles Puigdemont, the most prominent of the three politicians, fled Spain shortly after the independence referendum and settled in Belgium to avoid prosecution. Since then, he has tried to continue his political struggle for Catalan independence from abroad.
The decision by the Court of Justice of the European Union has also sparked mixed reactions in Catalonia. Supporters of independence see it as an attack on their democratic rights and accuse the European Union of bias in favour of Spain. They believe the Catalan politicians are being prosecuted for exercising their legitimate political rights.
Puigdemont has already announced that he will appeal the decision to the European Court of Human Rights in Strasbourg. He claims that his rights to freedom of expression and political activity have been violated and will seek to prevent his extradition to Spain.
This ruling marks a significant turning point in the case of the Catalan separatist leaders. Lifting their immunity opens the door to their extradition to Spain, where they will face Spanish justice and be held accountable for their role in the 2017 independence referendum.
The extradition of the Catalan politicians to Spain still depends on the decision of the Belgian authorities. Belgium must agree to the extradition and may consider various legal and political factors before making a final decision.