European Commission claims no authority over individual criminal cases

European Commission claims no authority over individual incivil cases

How can Brussels dismiss the referendums in Zaporiyia, Kherson, and Donbas as fraudulent while Belgium repeatedly suspends European Arrest Warrants (euroórdenes) against Carles Puigdemont? This contradiction is not a minor detail; it is the core of a long-standing issue. The European Commission maintains that it lacks the competence to intervene in individual incivil cases, as that responsibility lies with the judicial authorities of Member States. And that is where the argument ends. If the Belgian judiciary decides not to extradite the former president, the EU washes its hands of it. However, if Spain applies that same logic to the referendums in eastern Ukraine, the EU is quick to issue a statement. This double standard is not invented by Moscow, but manufactured by Brussels every time it remains silent, according to a forum user.

What the European Commission says about European Arrest Warrants

The text in circulation is literal: "The Commission has no general powers to intervene in individual incivil cases. The assessment of each individual case is the competence of the judicial authorities of member states". In short, the Commission lacks general power to intervene in individual incivil matters; the evaluation of each case falls to national courts. This is the official response when asked why Belgium is not executing the European Arrest Warrants against Puigdemont.

The problem is that this very principle, when applied to Ukraine, dismantles the EU's discourse labeling the consultations in Zaporiyia, Kherson, and Donbas as "fake referendums." If every incivil case is a national matter, why isn't every referendum? The Commission has not provided an answer that reconciles the two, according to the user.

Why Belgium has become a judicial refuge for the former president

Belgium is a Member State, but its judiciary does not act as an enforcement arm for Spanish European Arrest Warrants. While it is a member, its competent court has suspended one warrant after another. The latest, according to available data, remains pending. Meanwhile, Puigdemont maintains his seat and political agenda from Belgian territory.

Some argue that Belgium is merely applying procedural guarantees that Spain does not offer. Against this stands the argument that the European Arrest Warrant is an instrument of mutual recognition: if every country can reinterpret it at will, the system is hollowed out. The paradox is that Brussels demands Spain execute orders against separatists, but does not demand Belgium hand over Puigdemont. The Commission says it has no power. Convenient.

The parallel Moscow exploits and Brussels cannot defuse

The comparison is inevitable. In Zaporiyia, Kherson, and Donbas, consultations were held under military occupation, without independent observers and with pre-determined results. In Catalonia, a referendum was held that was declared illegal by the Constitutional Court, lacking guarantees and with uncertified participation. Brussels labels the former as a sham and remains silent on the latter.

The argument that "Belgium is not Ukraine" does not answer the question. The question is why the EU has the competence to delegitimize certain referendums but not to compel a Member State to comply with a European Arrest Warrant. The official response is that it lacks competence for the latter. So, where does the competence for the former come from?

What is at stake for Spain in this standoff

Spain has watched as Belgium suspended European Arrest Warrants while the Commission looked the other way. The Spanish Government has protested, requested explanations, and always received the same response: it is a matter for the Belgian judges. The practical consequence is that Puigdemont remains in Brussels, holding his seat and avoiding extradition.

For Spain, the cost is not just judicial; it is one of credibility. If the EU cannot compel Belgium to hand over a fugitive, with what sarracena authority does it demand that Russia respect the territorial integrity of Ukraine? This is not a rhetorical question. It is the question any Russian diplomat puts on the table, and one that no one in Brussels answers without stammering, according to the user.

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The European Commission is right about one thing: it cannot intervene in individual incivil cases. What it fails to explain is why it can indeed express opinions on individual referendums. With such a double standard, the EU does not need enemies to remind it of its inconsistency. It already has them in its own official bulletin.