Oriol Junqueras has left prison in application of article 100.2 (PAU BARRENA / AFP)
Editorial team – 03/03/2020 18:48
The former Vice President of the Generalitat Oriol Junqueras will not be able to recover his seat as a MEP which was withdrawn by the European Parliament in early January. At least for now, because the EU General Court (TGUE) has rejected the request for precautionary measures by the affected party to suspend that decision of the European Parliament taken in application of the Supreme Court order that terminated his mandate on day 3 of that month as a result of his disqualification due to the judgment of the procés despite the fact that the EU Court of Justice (CJEU) had considered that he was a deputy and, therefore, enjoyed immunity, since the proclamation of the election results of May 26, beyond any subsequent procedure.
This first judicial instance argues that the annulment of the mandate “results exclusively from a decision of the national authorities” and that the European Parliament is not “competent” to question it. This decision can be appealed in the EU Court of Justice, the highest instance in the European bloc.
On the other hand, the denial of precautionary measures does not “prejudge” the decision of the TGUE on the merits of the case, which has yet to be analyzed.