The State Advocacy asks the Supreme Court to allow Junqueras to go to the European Chamber to collect their minutes

The State Advocacy has requested this Monday that the ERC chief convicted by the Professional Or Orol Junqueras can journey to each the Congress (headquarters of the Central Electoral Board) and the European Parliament to have the opportunity to accredit and train as a MEP, whereas the Eurochamber “as quickly as potential” that the immunity conferred by that situation be withdrawn. Though the ultimate choice have to be taken by the Supreme Court, the physique below the Ministry of Justice is positioned favorably to the claims of the Authorities of Pedro Sanchez so as to negotiate with the Republicans for the investiture. Nevertheless, the Advocacy doesn’t ask a lot that Junqueras is launched – as required by the ERC – and that he can go to the police custody of those procedures after which return to jail.

That is how the Regulation is expressed in a assertion of allegations to the ruling of the Court of Justice of the European Union (CJEU) of 16 pages and signed by the lawyer Rosa María Seonae, consultant of the physique throughout the trial of the prosecutor and defender of the accusation for sedition that was lastly imposed in the sentence. In mentioned temporary, which maintains the thesis that the Advocacy already defended in June, it discards that the verdict of Manuel Marchena and the different magistrates of the Supreme Court is void.

The courtroom positioned in Luxembourg responded on 12 December to the query referred by the Spanish Supreme Court itself that Junqueras should have loved parliamentary immunity from the second he was proclaimed MEP on June 13, so he ought to have been in a position to go away Provisional jail and transfer to the European Parliament to collect your minutes.

The State Authorized Providers thus preserve a discrepant place to that of the Prosecutor, an establishment that on the identical day that the CJEU ruling was recognized alleged that immunity can not be utilized in the case of Junqueras as a result of he’s not a preventive prisoner, however a convicted man.

The choice of the Justice physique is coupled with the political 'wants' of the performing Government after warning ERC that it will solely preserve negotiations with the PSOE for the investiture if the Advocacy was pronounced with a positive opinion to Junqueras. The republicans went additional and requested for the nullity of the procés trial. Nevertheless, all forecasts already pointed to the Advocacy not going thus far.

In the subsequent few hours the political evaluation will arrive at this writing. ERC celebrates an Government on Monday afternoon through which a primary evaluation of the step taken by the Advocacy can be made. It’s assumed that it’s the public sale to the negotiations between PSOE and Republicans, though the latter even have to maintain a Nationwide Consell to ratify the investiture settlement. Relying on these procedures, the investiture could also be earlier than Reyes, as the PSOE desires, or after Christmas holidays.

The results of immunity

The illustration of the State underlines that the European judgment provides a collection of keys to perceive the results that the immunity acknowledged to Junqueras should produce. The letter understands that, in accordance to the CJEU decision, these results shouldn’t be restricted to permitting the elected MEP to transfer to the European Parliament to take workplace, however that the acknowledged immunity has the categorical goal that the members of that Chamber “could fulfill its mission “, in accordance to Article 343 of the Treaty on the Functioning of the European Union (TFEU) invoked by Luxembourg.

In accordance to the Advocacy, it’s the Supreme that should determine the means through which it’s potential for Junqueras to perform that mission, which isn’t restricted solely to that displacement, however implies “the efficiency of its consultant operate so long as it maintains its parliamentary standing “.

A “novel and sophisticated” doctrine

The letter remembers that European legislation is a part of the authorized techniques of the Member States, that are obliged to respect it because it has primacy over nationwide rights. Because of this, in case of battle between a nationwide rule and a provision or an act of a European establishment, the nationwide courts should apply the European provision.

Advocacy describes the new Luxembourg doctrine on the immunity of Europarliamentarians as “novel and sophisticated”. At the identical time, it ensures that the CJEU's ruling permits us to conclude that the Supreme Court's motion has accommodated European jurisprudence till now. And he argues that the query referred for a preliminary ruling by the Spanish excessive courtroom “was a profitable train by the nationwide courtroom to guarantee a uniform interpretation of Union legislation.”

Reactions from independence

ERC MEP Diana Riba has argued that the writing of the State Advocacy is “merely apply widespread sense.” In a Twitter publish collected by Europa Press, has requested the Supreme Court to adjust to the CJEU's ruling and apply “widespread sense” after the Advocacy temporary.

“It’s, merely, to abide by the CJEU's ruling. It’s merely to apply widespread sense. Hopefully, the Supreme Court may even abide by European justice and in addition apply widespread sense. On the 13th, the European Chamber should have 751 deputies once more,” has manifested.

For his half, the one who was president of the Generalitat of Catalonia throughout the course of, Carles Puigdemont, has printed a tweet through which he reminds the Supreme that “he ought to have allowed” Junqueras to collect his MEP document “the day after the elections “and factors out that” is what the CJEU says “, simply on the day through which the State Advocacy has submitted its letter asking that” you’ll be able to collect the minutes and go to Brussels. “

“It’s what the TUE says and it’s what the TS ought to have allowed since the day after the elections. They’re very late. #LlibertatPresosPoliticsiexiliats. The Advocacy defends that Junqueras can collect the minutes and go to Brussels” Your official Twitter profile.

Eventualities after the ruling on Junqueras