Higher regional court judges in the state of Schleswig-Holstein justified their verdict by pointing out that Puigdemont could not be found guilty of high treason as it is defined in Germany's criminal code, because he did not use violence.

What exactly did Puigdemont do? He organized a controversial referendum on Catalan independence last October, although the Spanish justice system had declared it illegal to do so. Spain's post-Franco constitution does not provide for secession.

That constitution, it should be emphasized, was also signed by the autonomous region of Catalonia. When the October 2017 referendum took place, 90 percent voted for independence — although only 42 percent of eligible voters cast ballots. Undaunted, the regional government unilaterally declared independence.

Read more: Who is Carles Puigdemont?

Calling all separatists

Catalonia declares independence from Spain The declaration As the world watched, Catalonia's parliament voted 70 to 10 for the region to declare its independence from Spain. "Our legitimate parliament has taken a very important step. This is the people's mandate," Puigdemont said after the decision. Dozens of opposition lawmakers from the Socialist Party, Citizens Party and Popular Party had walked out of the parliament chamber to boycott the vote.

Catalonia declares independence from Spain The despair Within an hour of the Catalan vote, the Spanish Senate in Madrid passed a bill to trigger Article 155 of the Spanish constitution. The measure will allow the central government to suspend Catalonia's autonomy. Spanish Prime Minister Mariano Rajoy said he would sack Catalonia’s government and set new regional elections for December 21.

Catalonia declares independence from Spain The dismissal European leaders were quick to condemn the independence declaration. EU Commission President Jean-Claude Juncker said the Union "doesn't need any more cracks," while EU Council President Donald Tusk said Madrid "remains our only interlocutor." Leaders in Germany, France, Italy and the UK voiced their support for Madrid. The US also chimed in, saying "Catalonia is an integral part of Spain."

Catalonia declares independence from Spain The dispute Barcelona and Madrid had been in a standoff since 93 percent of voters opted for Catalan independence in an October 1 referendum marred by police violence. Spain said the poll was illegal and stressed the low voter turnout of 43 percent. It subsequently threatened to suspend the region's autonomy if Catalan leaders did not stop their drive for independence.

Catalonia declares independence from Spain The defiance Many had expected tensions to ease on October 26 when Catalan President Carles Puigdemont was expected to call snap elections to bow to a key Spanish government demand. But Puigdemont refused, saying that he did not have enough "guarantees" from Madrid. Instead, he called on the Catalan parliament to decide on how to respond to Spain's threat to suspend the region's autonomy.

Catalonia declares independence from Spain The dream Tens of thousands of pro-independence protesters had taken to the streets of Barcelona ahead of the independence declaration to demand the region's secession and the release of two leaders of pro-independence organizations, Jordi Cuixart and Jordi Sanchez. Independence has divided Catalonia. Many who supported continued unity with Spain refused to vote in the October 1 referendum.

Catalonia declares independence from Spain The delight The pro-independence crowds outside the Catalan parliament immediately rejoiced after hearing the independence declaration. Many people were draped in the "Estelada" flag associated with Catalan independence. Some reportedly called for the Spanish flag to be removed from the Catalan government palace as regional lawmakers arrived from the parliament. (Author: Alexander Pearson) Author: Alexander Pearson



The judges in Schleswig-Holstein claimed that Puigdemont's actions "would not be punishable by law in the Federal Republic of Germany."

To all of the separatists in hiding across Germany: Stand up! Follow Puigdemont's example! Fight for an independent Bavaria, Hamburg or even your own Sorbian state! You have nothing to fear from Germany's justice system.

And you, separatists from other parts of Europe— from South Tyrol, Corsica or wherever you may be — give it a try! If something goes wrong, just get to Germany, it is your safe harbor!

The most devastating effect of the verdict is that it will destroy cross-border cooperation within Europe. Spain's request for Puigdemont's extradition was based on a European arrest warrant. That particular instrument is the result of years of negotiations.

When implementing a European arrest warrant, the country carrying out the request generally refrains from analyzing the legal basis for the request. Cooperation can only function as long as EU states recognize one another as operating under the rule of law. German judges have now shaken that trust.

German judges tie the hands of the Spanish justice system

As far as European law is concerned, another consequence of the decision will also weigh heavily on Spanish-German relations: By basing its judgement on suspicion of misusing state funds rather than high treason, the higher regional court has tied the hands of Spain's justice department should it eventually catch Puigdemont.

DW's Christoph Hasselbach

Even if he had been arrested in Spain, Puigdemont could only be tried on the lesser charge rather than on that of treason, which carries a mandatory sentence of 25 years in prison. Thus, whether intended or not, German judges have created a legal precedent in a wholly internal Spanish matter.

Although the German government has rightly refrained from commenting on the Schleswig-Holstein decision, one party has voiced jubilation: the opposition Left party. The Left has styled Puigdemont as a victim of political persecution throughout the course of his ordeal.

The Left, of all parties!

The impetus for Catalonia's separatism was never cultural self-determination — that has been guaranteed throughout the forty years that have passed since Franco's death. The main motivation for independence is that the wealthy region of Catalonia wants to keep that wealth to itself rather than supporting Spain's poorer regions — as happened in Germany after reunification.

The fact that the Left, of all parties, should cheer such a lack of solidarity is a historical irony worthy of contemplation.