The Prosecutor's Office is ahead of the State Advocacy: "Immunity cannot be impunity"

• Politics.The Congress enables on December 28, 29 and 30 in case there is an investiture
• Negociaciones.ERC recognizes "informal contacts" with the PSOE before the State Advocacy is positioned on Oriol Junqueras
• Justice: The Prosecutor's Office asks Llarena to keep the euro order against Puigdemont and ask for the suspension of her immunity

The investiture of Pedro Sánchez remains in limbo, waiting for ERC to grant him a green light, an approval that will only come if the State Advocacy folds to its last condition, demanding that the Supreme Court release its leader, Oriol Junqueras, sentenced to 13 years in prison for the crimes of sedition and embezzlement.

And the Law, for now, is made to pray. The PSOE, in its desire to satisfy before the end of the year Sanchez's aspiration, fed today the forecast of a pronouncement. But this one did not occur.

The Prosecutor's Office, on the other hand, advanced openly opposing Junqueras' request to annul the sentence of the prosecutor and requested, in addition, the magistrate instructor Pablo Llarena to maintain the orders of national and international detention of Carles Puigdemont and Toni Comín and claim the European Parliament the suspension of their immunities as MEPs.

The prosecutors' brief is blunt: «Immunity cannot, in any case, become a protective refuge or generator of impunity against the legitimate exercise of the jurisdictional function, much less, of impunity sought ex post facto [later to the fact] with the sole purpose of avoiding the action of justice ».

In this regard, the Prosecutor's Office recalls that Junqueras was proclaimed elected on June 13, that is, one day after the trial of the prosecutor had concluded and the case was already under sentence. He also argues that the ERC leader is "executively sentenced to 13 years in prison, as well as to absolute disqualification for 13 years."

Consequently, and in view of the decision of the Court of Justice of the European Union, what is appropriate, in the opinion of the Prosecutor's Office, is the "immediate execution of the disqualification penalty" which was suspended pending the decision of the CJEU. and, in addition, to communicate "urgently" to the European Parliament the procedural situation of the affected party, which implies the loss of their status as a parliamentarian.

Moreover, the letter rejects that the Supreme Court now has to request any request from the European Parliament. And it does so with the following argument: «The request and the authorization to proceed against them are only necessary prior to the indictment or prosecution, not being enforceable if such privileges, with the status of parliamentarian, arise when it has already been exceeded the processing phase ».

The Prosecutor's position was taken for granted and is consistent with the accusation he exercised during the trial. The unknown lies in the position held by the Advocacy for its dependence on the Ministry of Justice and, consequently, on the Government. On its approach depends on whether ERC agrees or not to facilitate the investiture of Pedro Sánchez with its votes.

The State Advocacy, represented at the trial by Rosa María Seoane, opted, last June, in favor of Junqueras leaving prison to process his MEP act and being able to attend the constitutive session of the European Parliament. The Supreme Court rejected it and Seoane did not appeal this decision. It remains to be seen the final position that he adopts and the arguments he uses.

At the moment, ERC demands the immediate release of its leader and the nullity of the trial of the process for considering it "unfair." It is difficult for the Advocacy to go so far. In fact, last night many interpreted the delay in making public their allegations to the difficulty of combining in them the strict respect for the legality and the interest of the Executive in not spoiling their pact with the independentistas republicans.

Today, the spokeswoman for ERC, Marta Vilalta, assured that contacts with the PSOE were kept discreetly through mobile messages or telephone conversations, adding that to close the investiture agreement, only a few "fringes" were missing. The most important at this time, the position of the State Advocacy because, according to Vilalta, it will be verified if it is finally committed «to activate the political way to resolve the conflict facing Catalonia with the State and deactivate the repressive way» .

In any case, and in anticipation that events will accelerate, the Bureau of Congress proceeded to qualify the investiture proposal and to enable the days that are necessary, where appropriate, for the debate. Specifically, the next days 28, 29 and 30 were enabled since, in accordance with the Regulations of the Chamber, in principle as it is a weekend and a Monday, sessions should not be convened in them.

Article 62.1 of the Regulations establishes that the sessions, as a general rule, will be held on days between Tuesday and Friday, both inclusive. In this way, if ERC finally gave its approval, the Plenary of Investiture for December 27, 28 and 30 would be convened directly and without further formalities by the president of Congress.

According to the criteria of The Trust Project

• ERC
• European Parliament
• Supreme Court
• Pedro Sanchez
• PSOE
• Toni Comín
• Oriol Junqueras
• Catalonia
• Carles Puigdemont
• Politics

Politics The PSOE hopes that the State Advocacy will facilitate the investiture of Pedro Sánchez today

'Procés' The former Minister Clara Ponsatí also calls for the resignation of Miquel Buch

PoliticsOriol Junqueras asks not to stop negotiations with the PSOE even if he is in prison