The EU Attorney General endorses Puigdemont as a member of the European Parliament

In a context in which all judicial proceedings have lost interest due to the imminent issuance of the amnesty law, the European Union Prosecutor, Maciej Sponar, yesterday issued a ruling in favor of the former President of the State, Carles Puigdemont, in one of his last appeals to European justice. It concerns the refusal of the European Parliament to grant him European Parliament credentials, despite his election in June 2019. The Attorney General proposes to the Court of Justice of the European Union (CJEU) to annul the ruling of the General Court that rejected the appeal and annulled the same Council decision.

The appeal against the European Parliament's refusal was not accepted by the TGUE, which understood that the impossibility of them taking their seats in the European Parliament did not derive from the refusal of its president at the time, Antonio Tajani, to recognize their status and there was no room for the MEPs – because he had no room to move – But the application of Spanish law, as communicated by the Central Electoral Council on 17 and 20 June 2019.

A refusal that his successor, the late David Sassoli, later stuck to, when responding to Puigdemont's request for immunity protection, saying that “Parliament cannot consider them as members without officially notifying the Spanish authorities of their selection”, which did not happen because they did not come to Congress to comply. For the Constitution, because they left Spain to avoid their responsibility in this process.

Violation of rights

Despite this, in a comment on the social media network European voters benefit partisanly from EU institutions such as the European Parliament.” In a subsequent appearance before the media, he wanted to address a message to “those who questioned the exile strategy or who considered it irrelevant” to the work they were doing, because, in his opinion, the conclusion that Attorney General Maciej Sponar had reached “confirms This is the right way.”

The EU Advocate General, whose ruling the Court of Justice of the European Union routinely follows, stated that the “main error” in the General Court’s ruling, which he calls for to be overturned, was that it did not take into account Tajani’s letter meaning on 27 June 2019 “a final decision of the President The European Parliament ignored the declaration of June 13, 2019.

He blames the First European Court for ignoring the ruling of the European Court of Justice of 19 December of the same year which declared that the president of the ERC, Oriol Junqueras, had obtained the status of an MEP by being elected. Puigdemont and Comín acquired it in January 2020 with effect from July 2, 2019, in implementation of this decision. “When adopting the law of 27 June 2019, the President of the European Parliament, on the one hand, cast doubt on the officially announced election results, even though the Parliament was committed to the official announcement” of these results, but “its President chose to follow subsequent notifications from the Spanish authorities,” says Spunar. Which did not reflect these results faithfully and completely.”