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13 de gen. 2020

Article by former judge Fernando Presencia: "Junqueras may not have lost immunity" (in English, 12 JAN 2020)

Fernando Presencia argues that according to the EP's Rules of Procedure, Oriol Junqueras has the right to request protection of his immunity, even after being deprived of his status as MEP by Spain. I hope the author does not object to this English translation (by M Strubell).
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Junqueras may not have lost his immunity

The Rules of Procedure of the European Parliament indicate that whoever has lost the status of deputy may nevertheless request amparo in order to protect their privileges and immunities

By Fernando Presencia - 12/01/2020

The European Parliament has withdrawn the right of the leader of Esquerra Republicana (ERC) Oriol Junqueras to be MEP after the Supreme Court informed him that the consequence of his firm conviction for the 'procés' is that he is debarred from holding that post, the president of the European Parliament David Sassoli announced.

The President of the European Parliament explained that the jurisprudence of the Court of Justice of the EU (CJEU) obliges the institution to take note without delay of the final decisions of the competent judicial authorities of the Member States".

"Taking into account the decision of the Junta Electoral Central of January 3, 2020 and pursuant to the decision of the Tribunal Supremo of January 9, 2020, the mandate of Mr. Junqueras i Vies terminated with effect on 3 January 3 2020", the text states.

Nevertheless, the Regulation of the European Parliament states that whoever had lost the status of deputy, such as Oriol Junqueras, may nevertheless request protection in order to protect their privileges and immunities if they show that the national judicial authorities acted in violation of the principles and rights that guarantee the Treaties of the Union.

This is expressly indicated in articles 7 and 9 of that normative text, establishing a single procedure both for the request and for requesting the amparo, which also recognizes who holds the status of deputy as who had already lost it - in this latter case, the Rulres of Procedure refer to “former deputy”, whowill continue to be the holder of its “privileges and immunities”.

Thus, the regulation of European immunity deviates from national rights such as Spanish, which give the Courts the last word on the statute of Members, while the European Parliament must respect the decisions that the national authorities adopt without definitive character. prejudice that the so-called “former deputies” can seek the protection of Parliament so that in their case they can restore their “privileges and immunities”, if it is demonstrated that the national judicial authorities that ceased it acted in violation of the principles and rights that guarantee the Treaties of the Union.

Source of original article:
Junqueras podría no haber perdido la inmunidad, por Fernando Presencia - 12/01/2020

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