The European Commission says that Spain was wrong to claim the extradition of Josep Miquel Arenas based on a version of the criminal code from after the events he was charged over. Josep Miquel Arenas, who performs under the name Valtònyc, is a rapper convicted of crimes including glorifying terrorism for his lyrics. As such, in today's oral hearing in the Court of Justice of the European Union, the executive has agreed with the musician's defence over Spain.

On the other hand, Spain, Belgium and Belgian prosecutors argued that the relevant version of the criminal code is the one in force at the time the European Arrest Warrant was issued. The advocate general assigned to the case will deliver their opinion on 26th November.

Spain had called for Valtònyc's automatic extradition over the charge of glorifying terrorism, but that fast-track mechanism is only applicable in cases where the charges are punishable by at least three years' imprisonment.

The lawyer representing the Commission, Rudi Troosters, argued that "only the specific law applicable" to the events is "relevant for the European Arrest Warrant", saying the law in force at the time of the drafting of the warrant shouldn't be used for "greater possibilities of extradition". Troosters said the legislation governing the warrants isn't specific about which version of the penal code should be applied: "It should have said clearly and precisely".

He was sentenced to three and a half years in prison for a song he released in 2012 with charges including glorifying terrorism, insulting the crown and threats, two years of which was for the first crime. The maximum sentence for that charge was increased in 2015 to three years.