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11 de gen. 2020

Articles by Pere Borràs and Prof. Pérez Royo on recent Supreme Court decisions (English, 10 JAN 2020)

According to both Pere Borràs and Prof. Pérez Royo, the Supreme Court's decision removing Oriol Junqueras' status as an MEP may well backfire in its face. Here are English translations of the two articles (I hope they and the website don't mind).
Click here if need be to read the whole post


The Supreme Court may have got itself in a mess by removing Junqueras as an MEP

The removal of Junqueras' status as a MEP since January 3,  which Sassoli will notify on Monday, can lead to another humiliation for Spain's courts.

January 10, 2020
Pere Borràs

On Monday, January 13 2020, David Sassoli will recognize Junqueras, as well as Puigdemont and Comín, as MEPs with effect from July 2 2019. To this recognition, derived from the ruling of the Court of Justice of the European Union, will be added the removal of Junqueras from his position with effect from last Friday, January 3 2020, derived from the latest ruling by the [Spanish] Supreme Court.

But not everything is what it seems. Although this movement seems to reflect a recognition of the Spanish courts, it actually responds to an application of European regulations, which obliges the European Parliament to abide immediately by the final judgments of the courts of the member states. However, that is not the finishing line. With this application, the European Parliament merely applies mandatory regulations, but it does not go into considerations about its final validity. The truth is that this sentence is in contradiction with the ruling of the CJEU, so the latter might invalidate the ruling of the Supreme Court.

Something similar happened when the German authorities arrested the independence leader Carles Puigdemont in accordance with the extradition order (EAW) issued by Judge Pablo Llarena. Everything seemed to indicate that Puigdemont would be extradited and immediately unionists and the Spanish press congratulated themselves on the victory of the Spanish state over the independence movement. However, the outcome was worse than if nothing had happened. After passing the matter to the judges, the extradition was denied, Puigdemont was released and is currently a Member of the European Parliament. Today we have likewise witnessed plenty of signs of satisfaction for a decision that, in reality, does not go beyond being an application of the regulations that, far from being definitive, is being studied to see whether it should be reversed, and that is more than likely.

For the removal of Junqueras as an MEP will lead to a more in-depth analysis (in fact it is already being analyzed) that may lead to the interpretation that the Spanish Supreme Court's ruling amounts to contempt of the CJEU's judgment. If so, the Spanish courts will once again be exposed and its already seriously damaged credibility before the European organizations may be further undermined<.
Although it cannot be anticipated if, after a conclusion of this nature, the removal could be reversed and his seat returned to Junqueras, the very announcement by Puigdemont, Comín and Junqueras as Members of the European Parliament on the same Monday shows not only that this possibility exists, but that it also has precedents.

This procedure wasexplained several days ago by the professor of constitutional law Javier Pérez Royo*, who is convinced that Junqueras will end up being an MEP sooner or later, regardless of the manoeuvres that the Supreme Court may temporarily undertake.

So keep calm. Today has been neither a betrayal of the Catalan proindy people nor a confirmation of the Spanish courts. It was just the implementation of what the regulations lay down and it will follow its course.


El cese de Junqueras como eurodiputado desde el 3 de enero, que el lunes notificará Sassoli, puede desembocar en otra humillación para la justicia española.


Javier Pérez Royo: No matter what the Supreme Court does. Junqueras is going to be an MEP.

That's how blunt the Sevillian professor of constitutional law has been. "Whatever the Supreme Court decides, it is irrelevant."

January 10, 2020
Isaac Villavecchia

In comments to the El matí de Catalunya Ràdio programme, Professor Javier Pérez Royo underlined the defeat and humiliation that we shall soon see the Supreme Court having to face.

Pérez Royo emphasized that the movements of the European Parliament, for example by paying in full the salaries accrued to MEPs Carles Puigdemont and Toni Comín, is a manifestation of how it interprets the judgment of the Court of Justice of the European Union.

“The more the Spanish Supreme Court resists, the worse it will be, because it is also going to get in a situation in which it won't be able to request the lífting of immunity,” says the professor, referring to the possibility of requesting an immunity lífting for the Catalan MEPs - because it will not be able to address the European Parliament, which would not respond affirmatively to their requests after the notorious partiality it has exhibited.

Original: "Javier Pérez Royo: El Tribunal Supremo ya da igual lo que haga. Junqueras va a ser diputado"

Audio recording:

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