The court of 1-O has issued a ruling Tuesday rejecting the last attempt of the former vice president of the Generalitat, Oriol Junqueras , to stop the notification of the sentence of the 'procés', whose ruling is presumed imminent.

The independence leader had asked the Chamber presiding over Judge Manuel Marchena to suspend the sentence while the Court of Justice of the European Union (CJEU) did not resolve the question referred by the Supreme Court on the scope of immunity of the prisoner preventive as elected MEP. The Prosecutor's Office had opposed the claims of Junqueras' defense.

The court argues that the scope of the preliminary ruling issue regarding the processing of the criminal procedure was to suspend a plea filed by the Junqueras defense against the denial of extraordinary permission to leave prison to take an oath or promise to comply with the Spanish Constitution to consolidate the situation of elected MEP. The Chamber understands that it is an autonomous incident, in the Personal situation piece of the former number two of the Government, which "does not condition" the notification of the 1-O ruling.

The leader of the Republican Esquerra of Catalonia was elected as a member of the European Parliament in the last elections of May 26 but the High Court prevented him from collecting the minutes granting him the status of MEP. In view of the possible legal doubts that this prohibition raised in the Second Chamber, and since it is an unprecedented situation, the court decided, however, to raise a preliminary ruling to Luxembourg on the extent of the prisoner's immunity.

In the order, released on Tuesday, the Supreme Court notes that "the eventual efficacy reflects or indirectly that the acts resulting from the authorization or denial of the permit could originate, if any, must be assessed, with the appropriate adaptations, according to the final decision that falls, in the corresponding procedural phase, but does not condition the dictation of said resolution (in reference to the 1-O ruling), and therefore does not justify the claim made "

For its part, the Public Ministry reproached Oriol Junqueras for requesting this delay in the procedure by understanding that it is "an incident to overcome the firmness and enforceability of a car extemporaneously (the one dictated by the Supreme Court to raise the question for a preliminary ruling) that was not appealed "by his lawyer.

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  • Supreme Court
  • Oriol Junqueras
  • Manuel Marchena
  • European Parliament
  • Catalonia
  • 1-O trial
  • Referendum in Catalonia

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