European arrest warrant lifted against Puigdemont

Supreme Court judge Pablo Llarena has rejected a verdict from the audience in the north German region of Schleswig-Holstein which has found Puigdemont not guilty of 'rebellion', as the offence does not exist in German law, but agreed to extradite him to Spain for trial purely on the charges of public fund misuse.

The latter charge is based upon government cash being used to finance the disputed independence referendum on October 1.

'Rebellion', 'sedition' or 'disobedience' are not offences under German penal legislation – the nearest is 'high treason', but this requires the accused to have committed or incited violence, and the Schleswig-Holstein judge considers that the violence which happened on referendum day was incidental rather than integral to the process.

Llarena has rejected this, as he still considers Puigdemont should be charged with rebellion in addition.

By rejecting it, he has had to lift the European arrest warrant that led to Puigdemont's being detained just after crossing the Danish border as he drove home to Belgium from Helsinki, where he had been giving a conference at the university.

But the national arrest warrant remains in place and will do so until the offences 'expire' under Spain's statute of limitations, meaning if he wants to stay out of jail, Puigdemont cannot return to the country for 20 years.

It is likely that the other ministers in exile, where their charges relate to rebellion as well as public fund misuse, will face a similar fate.

Three of the four who fled to Belgium with Puigdemont after the referendum remain there, and ex-education minister, Dr Clara Ponsatí, has returned to her old job at Edinburgh's St Andrew's University where she teaches economics.

All of them have had to hand in their passports as a result of the European arrest warrant and are waiting to find out whether they will be extradited.

Judge Llarena has criticised the court of Schleswig-Holstein for 'undue interference', claiming it is trying to make decisions on behalf of Spain's Supreme Court.

But a European arrest warrant means a person can only be extradited if the offence listed is relevant in national law, meaning the German judge has acted correctly.

Llarena slammed him for his 'lack of solidarity' with Spain.

Puigdemont's lawyer has celebrated the verdict and said that, at last, his client can return to his rented house in Waterloo, Belgium, and will be able to 'take a holiday'.