3 March 2020

The Court of Justice of the European Union rules against the automatic extradition of rapper Valtònyc


After the National Court requested the ‘automatic’ extradition of Josep Valtònyc for the crime of glorification of terrorism in relation to the content of his songs, the Court of Appeal of Ghent asked the Court of Justice of the European Union (CJEU) if this was possible given that the sentence for this crime when the events took place in 2012 was less than three years, the minimum required according to European regulations. The National High Court’s argument is based on the fact that in 2015 the Spanish Penal Code was amended to increase the sentence for this crime to three years, but the CJEU concludes that allowing automatic extradition would mean applying the criminal law retroactively, that is, committing a serious violation of the right to a fair trial.

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