After the guidance released last month from Advocate General, Maciej Szpunar, the European Court of Justice explained that Junqueras became an MEP from the moment that the European election results were declared at the end of May he consequently”appreciates the immunity guaranteed by Article 9 of this Protocol”.
The ECJ also emphasized that Junqueras also appreciates”the resistance as regards traveling” which employs”while they’re traveling into the place of assembly of the European Parliament, adding to that sitting”.
Junqueras, the former deputy leader of Catalonia, was sentenced to 13 years in prison in October, along with lots of additional Catalan separatist leaders, over the 2017 independence referendum and following declaration of liberty dominated prohibited by Spanish courts.
Junqueras, who’d been at pre-trial detention because 2017 was chosen to the EU Parliament in May for its Greens/European Free Alliance team but Spanish courts refused to let him take an oath on the nation’s constitution, which they state is critical to becoming an MEP.
The pro-independence Esquerra Republicana celebration, which Junqueras directs, has welcomed the ruling, calling for his sentencing by Spanish courts to become nullified as well as for his or her”immediate release”.
Ignacio Gonzalez Vega of Judges for Democracy, a Spanish lawful institution, informed Euronews this growth does not mean Junqueras is going to be published, nor does it automatically indicate an alteration for his sentence.
He explained the ECJ judgment couldn’t be applied retroactively as is in prison for the offense of sedition.
“The large unknown” he stated, is the way the judgment could impact the situation of prior president Carles Puigdemont along with his ex-counselor Toni Comín, that is now in self-imposed exile from Belgium to prevent the prosecution from the Spanish government.
Both won seats in the elections in April and also have many legal avenues available to them to maintain their resistance.
González Vega considers they could go back to Spain and the question could be if they’d enjoy the very same privileges of resistance as Spanish MEPs.
Maciej Szpunar, the EC J’s Advocate General, stated last month the EU”parliamentary mandate could be acquired solely in the electorate and Might not be conditional on the conclusion of any succeeding formality” such as”taking an oath to honor the Spanish Constitution”
Also, he contended that”it drops into the (EU) Parliament to determine whether it’s acceptable to waive or shield the resistance of one of its allies”, implying Junqueras might have called on the EU parliament to shield his mandate.