The judge of the Supreme Court Paul Llarena, instructor of the case on the procés, has submitted this Friday the suplicatorio —request-permission— to the European Parliament to be able to proceed criminally against the former Catalan Carles Puigdemont, and the exconseller Toni Comín. The magistrate calls on the Parliament to suspend his immunity and maintains the orders of a european arrest and surrender against both. It also keeps in force the national order of arrest. In Spain, if stopped, would not reach the immunity to be prosecuted and would not be required suplicatorio.
Both politicians, escaped to Belgium after the failed declaration of independence of October 2017, they enjoy parliamentary immunity as members of parliament following the verdict of the Court of Justice of the European Union, 19 December acknowledged that the leader of ERC, Oriol Junqueras, sentenced to 13 years in prison for sedition and malfeasance, enjoyed immunity while he was in custody awaiting sentence.
The judge Llarena based precisely the suplicatorio in the judgment of the Court of Luxembourg and in the interpretation which it did on Thursday, the Criminal, when he rejected to release Junqueras and prevent its displacement to the European Parliament to collect the minutes of mep. The community court established that a prisoner preventative proclaimed politician is elected, as it was Junqueras before the judgment was put in freedom to take on the position, but left the door open to be kept exceptionally in prison if they are requesting immediately the suplicatorio.
This sentence european benefited from rebound Puigdemont and Comín, who were proclaimed elected on the 13th of June, but who were not able to access the act by not having fulfilled the requirement by the Spanish electoral law to abide by the Constitution in the Congress of Deputies. The ruling of the Luxembourg Court means to leave without effect the Spanish regulations for access to the minutes of mep, which is acquired just after the proclamation of the results by the Central Electoral Board without need for further formalities.
In the car on the that directs the suplicatorio to the European Parliament, Llarena defends the suspension of the immunity of Puigdemont and Comín with a comprehensive account of the acts attributed to both. It emphasizes that these facts have no relation to their parliamentary work and “focus on your performance in years much earlier in time to the acquisition of their condition of members of the European Parliament”, which would decay the purpose of the parliamentary immunity.
The judge has estimated the resources of Puigdemont and Comín against its resolutions of October and November that they recognized themselves as meps based on agreements in respect of the Central Electoral Board. Now, in accordance with the interpretation given by the Luxembourg in its judgment of December 19, 2019, is granted to them such privileges and immunities as contained in article 9 of the protocol 7 of the Treaty on the Functioning of the EU (TFEU), in their condition of members of the European Parliament.
however, it disregards the resources of both to revoke the relevant orders national search, detention and imprisonment, as well as international orders and european arrest and surrender, that is still valid.
