Two rooms of the Supreme Court —the Criminal and Contentious-Administrative— discussed parallel to this Thursday, from ten in the morning on the scope and effect of the judgment of the Court of Justice of the European Union, which ruled that the president of ERC, Oriol Junqueras, enjoyed immunity as an mp from which he was proclaimed elected on the 13th of June, while I was waiting in custody the verdict that sentenced him to 13 years imprisonment and disqualification for sedition in the judgment of the procés.
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The Prosecution, on Junqueras: “The immunity cannot become a refuge generator of impunity,” The State bar requests the Supreme that allows Junqueras go to the European Parliament to pick up their act
Of the interpretation of the high court of the judgment of the european court depends on the independence party leader, has been jailed since November 2, 2017, ‘get out of jail and enjoy the seat in Brussels, at least pending the suplicatorio —the permission of the Parliament— to continue running the final sentence for sedition; or is communicated to the legislative community that Junqueras is convicted by a final judgment and is, therefore, disqualified to hold office representative.
The immediate future of Junqueras will remain in the hands of the same seven judges of the Criminal who had tried to Junqueras and other eleven political independence between February 12 and June 12 of last year. Nothing more learning of the ruling of the Luxembourg Court, the Prosecutor’s office requested the Supreme that he should keep Junqueras in prison and declared him officially disabled. When the defense of the republican leader asked, as a result of the judgment in the european, the radical nullity of the judgment of the procés, the public ministry argued that although this had immunity from the 13th of June, this not shielded to the point of invalidating the judgment on the fall of independence of 2017. “The immunity cannot become a refuge protector or generator of impunity against the legitimate exercise of the judicial function”, pointed out the prosecutors.
The State attorney, in a written statement that was scrutinised to eat during the negotiation between CKD and the PSOE for the investiture of Pedro Sánchez as president of the Government, supports the release from prison of the leader of ERC for appeal to the Central Electoral Board (JEC) and the European Parliament to comply with the necessary formalities to take possession of his seat as mep. Also, the Supreme to look for the formula for that Junqueras to be able to exercise that office while holding the immunity, but all of it with “assurance measures” to prevent that, if the european Parliament has just levantándole protection, it may leak and not serve the rest of the sentence.
in Parallel to the deliberation of the Criminal Chamber, the Room of the Contentious-Administrative must resolve on the petition to suspend of how precautionary the decision last Friday of the Central Electoral Board, which ruled that Junqueras may not be a member of the european parliament in application of article 6.2 of the Organic Law on the General Electoral Regime (Goel), which states that “they are ineligible those convicted by final judgment to imprisonment, the duration of the penalty.” The legal deadline of 48 hours to hear the room on this suspension expires this Thursday. This Tuesday, the European Parliament reported that in the next Full, on the 13th of January, “take note” of the election as meps Oriol Junqueras, and also the expresident Carles Puigdemont, and the exconseller Toni Comín, escaped to Belgium and who have benefited from rebound in the sentence eu recognized the parliamentary immunity of Junqueras.
The removal of Torra
The same Fourth Section of the Third Chamber of the Supreme should decide —in this case before morning— if you suspend confiscate the agreement of the Central Electoral Board to remove from office automatically Quim Torra as a deputy of the Parliament after the conviction, which is not yet firm, to one and a half year disqualification for disobedience imposed in December the high Court of Justice of Catalonia. The withdrawal of the certificate of deputy regional would entail, according to various legal sources, the loss of the condition of the president of the Generalitat, as the Estatut establishes that the chief Executive Catalan is chosen from among the members of the Parliament.
The Room of the Contentious Administrative of the Supreme will consider whether to heed the request of the defence of the Round of paralyze so securing the agreement of the Board of Elections last Friday, declaring that the president was suffering from “ineligibility acquired” by the judgment of December that condemned him for refusing to remove from the balcony of the Palau de la Generalitat a poster in favour of the political independence prisoners. The resolution of the electoral body was left at the same time without effect the credential of the Torra as deputy autonomous of Barcelona, and declared vacant his seat in the Parliament. The Supreme court will consider whether a freeze as a precaution, the agreement of the entity responsible to ensure the neutrality of the electoral process until the judges make a determination on the merits of the matter.
