• Division.The division in the Constitutional Court paves the way of the 'procés' in Strasbourg
  • The Opinion The opinion of the European Union general lawyer affects the immunity of Carles Puigdemont
  • Laura Borràs.The Prosecutor's Office asks the Supreme Court to investigate the deputy of JxCat Laura Borràs for four crimes

The Court of Justice of the European Union (CJEU) will decide on Thursday if the leader of ERC, Oriol Junqueras, enjoyed immunity as a parliamentarian when the Supreme Court prevented him from fully acquiring this condition on June 14. All eyes - those of the High Court, the Prosecutor's Office, the Constitutional Court and even the Belgian justice - are set on the ruling that the fifteen judges of the Grand Chamber of Luxembourg will adopt this week.

The opinion of the general lawyer of the European Union, Maciej Szpunar , set off all the alarms in Spanish justice when he said last November that a person who has been officially proclaimed elected to the European Parliament by the competent authority of the member state in the that this election took place acquires, "solely for that fact and from that moment, the status of a member of Parliament, regardless of any subsequent formality that is required to be completed, either under the law of the Union or the national law of the state member in question. "

But not only the procedural future of Junqueras is currently dependent on the CJEU. Also the one of the main accused of the procés , the former president Carles Puigdemont, a fugitive from the Spanish justice since 2017. Puigdemont was also elected on May 26 member of the Eurocamara, although in his case the Supreme did not prevent him from going to pick up his act of parliamentarian, but it was the leader of JxCat who decided not to swear the Constitution by having Judge Pablo Llarena activated the national arrest warrant.

Puigdemont could 'come' and not be stopped

However, regardless of these circumstances, the problem lies in the fact that, depending on what the CJEU decides, the escape could come without being arrested, because he would enjoy the immunity of a parliamentarian. Hence, the future ruling may facilitate his return to Catalonia despite the Euroorder.

Legal sources consulted show their fear of the Luxembourg ruling - a very guaranteeing court -, although they are cautious about how it could affect the process leaders waiting to know the fine print of the ruling. The legal issue is complex and may have nuances.

However, the truth is that it was precisely that fear of the fierce immunity enjoyed by Europarliamentarians that led the Chamber to deny in June the release of the former Vice President of the Generalitat to swear the Constitution, the essential previous step to acquire the status of a parliamentarian.

Despite reservations to advance what will be decided on Oriol Junqueras if Spain receives a new blow of European justice, there is consensus that if the leader of ERC is recognized as immune - and the CJEU understands that the question has not lost its purpose -, the High Court would have to release him and make a request to the European Parliament to be able to execute the 13-year sentence for crimes of sedition and embezzlement of public flows. It would be the worst possible scenario.

Three other court dates

In addition, together with the ruling of the Court of the Union, this week more important events will take place for Catalan independence. The Constitutional Court is expected to notify the judgment - and individual votes - where the appeal for the protection of the ERC leader against the preventive detention issued by Judge Carmen Lamela , which was subsequently extended by the Supreme Court, is rejected.

The ruling, which caused the first major fracture in the court of guarantees on a question of the Catalan challenge, will have the joint vote of the judges of the so-called progressive sector of the court. These are, Juan Antonio Xiol , María Luisa Balaguery and Fernando Valdés . These votes, which will be very technical, will be used safely by Junqueras' lawyer, Andreu Van der Eyden , in his appeal to the European Court of Human Rights (ECHR).

On the other hand, it is likely that the Court of Justice of Catalonia will notify, in the next few days, "before Christmas", the sentence to the president of the Generalitat, Quim Torra, tried for a crime of disobedience by refusing to withdraw from public buildings of the Government the yellow ties in favor of the prisoners in electoral period.

Likewise, this week can also be complicated from the legal point of view for the deputy of Junts per Catalunya (JxCat) Laura Borràs , a judge on which the Supreme Court has to decide whether to open an investigation for the award of irregular contracts when presiding over the Institution of the Catalan Lletres (ILC).

The Office of the High Court, after indications against the regional deputy gathered in the reasoned statement, urged the Second Chamber to open a case against the possible successor of Torra for crimes of prevarication, embezzlement, administrative fraud and document falsification. This procedure, however, has no relation to the sovereign challenge.

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  • Supreme Court
  • European Parliament
  • constitutional Court
  • European Union
  • ERC
  • Oriol Junqueras
  • Catalonia
  • Quim Torra
  • European Court of Human Rights
  • Laura Borràs
  • Catalonia independence

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