• Brussels.The opinion of the EU attorney general affects the immunity of Puigdemont
  • Brussels: Oriol Junqueras had immunity until the Supreme Court ruling
  • Prosecutor's Office "Surprise" and "stupefaction" of prosecutors by the words of Pedro Sánchez: "This will make delivery difficult" for Puigdemont

The Supreme Court has dismissed the appeals filed by former Catalan President Carles Puigdemont and former Minister Antoni Comín against the order of the trial judge of the cause of the process, Pablo Llarena, who rejected his request to revoke the national orders of search, detention and imprisonment for being elected candidates in the elections to the European Parliament last May.

In the order, dated last November 5 before the opinion of the general lawyer of the European Union on the immunity of Oriol Junqueras was known, it is argued that the condition of the immunity of Europarliamentarians is subject to two conditions: the acquisition of the full status of a member of the European Parliament through prior compliance with the Constitution, and the inauguration after the opening of the first session held after the elections. That is, it does not include the merely elected deputies.

In addition, the High Court emphasizes that Llarena's decision was motivated and founded on law. The magistrates of the Appeals Chamber, Francisco Monterde , Vicente Magro and Miguel Colmenero , underline that Llarena's reasoning is clear and not arbitrary when founding the maintenance of the arrest and detention orders in the "unquestionable persistence of the rebellious situation of the defendants and in their prosecution for serious crimes ", and considering that to apply parliamentary privilege or immunity the condition of elected deputies is not enough, but that it is a prior budget to have acquired the status of MEPs. What has not happened.

Without prejudice - notes the order - of the decision adopted at the time by the Court of Justice of the EU in the question referred by the Chamber in this matter, the court rejects the interpretation on the scope of parliamentary immunity made by the recurring In addition, the magistrates send a clear notice to Puigdemont and Comín: if they want their immunity assessed they must be delivered.

"In any case," the magistrates point out, "to analyze the scope, content and effectiveness of the prerogatives, privileges and immunities inherent in the status of a European parliamentarian, in the terms resolved by the Court of Justice of the European Union in the same cause, it will be necessary that the appellants, reached the condition of privilege, appear personally in this case and put themselves at the disposal of justice, "they underline.

According to the criteria of The Trust Project

Know more

  • Carles Puigdemont
  • European Parliament
  • Supreme Court
  • European Union
  • Oriol Junqueras
  • Justice
  • Proced judgment
  • Catalonia independence

'Procés'The opinion of the general lawyer of the European Union affects the immunity of Carles Puigdemont

Judgment of the 'procés' The Belgian Prosecutor will ask to deliver Carles Puigdemont to Spain for sedition and embezzlement

'Procés'The Prosecutor's Office will ask to reactivate the euroorders against former' consellers' Lluís Puig, Antoni Comín and Clara Ponsatí