Breaches:
Central Electoral BoardPoliticised Constitutional CourtRight to a fair trialRights to free expression and assembly
Pau Juvillà, former CUP MP in the Parliament of Catalonia, had appealed for protection against the decision of the Secretariat-General of the Parliament of Catalonia to strip him of his seat as an MP and declare the seat vacant. In the appeal for protection, Juvillà argues that there has been a violation of his rights to political participation, presumption of innocence and freedom of expression. The Constitutional Court argues that it cannot suspend a decision that has already been fully carried out. Juvillà had focused his argument on irreparable harm: by the time there was a ruling on his appeal for protection, the legislative term would already be over and a ruling in his favour would be irrelevant in terms of the protection of his political participation rights. In July 2023, the Constitutional Court declares the appeal inadmissible. The Court considers that domestic remedies have not been exhausted and also that the decision of the Secretariat cannot be appealed via amparo of parliamentarian decisions.
19 September 2022
14 September 2022
12 September 2022
The Constitutional Court refuses to suspend, as a precautionary measure, the decision of the Secretariat of the Parliament of Catalonia enforcing the Central Electoral Board’s rulings against Pau Juvillà
11 September 2022
7 September 2022
Blatant violations of the rule of law like this one are never included in the Rule of Law report that the Commission publishes each year on the rule of law developments in each Member State.
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