JOAN COLÁS – 19.01.2020
The ERC leader and former vice president of the Generalitat, Oriol Junqueras, has appealed the decision of the president of the European Parliament, David Sassoli, to withdraw the MEP act as required by the Supreme Court.
The lawyer of the Republican, Andreu Van den Eynde, has filed a lawsuit before the General Court of the European Union (TGUE) to comply with the decision of the Court of Justice of the European Union (CJEU), which on December 19 determined that the nationalist leader had the right to collect his minutes as a MEP after the European elections in May 2019, when he had not yet been condemned by the Supreme. The appeal asks as a precautionary measure that the MEP act, which entails parliamentary immunity, be returned.
Protection and protection
The lawsuit, dated January 17, recalls that the decision of the CJEU was accepted by the European Chamber, who appointed him MEP. Although on January 3, Sassoli received the request for Spanish justice that he subsequently accepted.
Van den Eynde alleges that the president of the European Chamber violates the ruling of the Luxembourg court and has not addressed or responded to the judicial protection claims filed by ERC. And he claims the “right to be heard” of Junqueras “before the adoption of an individual measure that has adversely affected him”, such as the vacancy of the seat and the dismissal of his petition for protection of immunity. It also considers that “the right of access to the file” has been disregarded, since “the documents and legal reports that support the decision of the President of Parliament and Parliament are unknown.”
Two open fronts
The TGUE can accept or deny Junqueras’ request. If the appeal is accepted for processing, European justice may take more than two months to rule. As for the precautionary measures that require the return of the MEP act to the Republican leader, the decision could be announced in the coming days.
Junqueras’ appeal comes three days after his defense asked the Supreme Court to present a new question to the CJEU on whether the Spanish High Court could condemn the independence leader without requesting the plea from the European Parliament.