20200109
9 January 2020

The Supreme Court keeps Junqueras in prison, does not ask for a waiver of parliamentary immunity and disqualifies him as an MEP

Breaches:



The Criminal Chamber of the Supreme Court announces its decision regarding the application of the Court of Justice of the EU’s 19 December ruling, which was issued in response to a preliminary question brought before it by the Supreme Court, and which establishes that Oriol Junqueras has been a member of European Parliament with immunity since the announcement of theEuropean Parliament election results. Even though Junquears enjoyed immunity, according to the CJEU’s ruling, the Supreme Court holds that it does not need to ask the European Parliament for a waiver of parliamentary immunity in order to convict him. As such, it rules out the possibility of annulling the Supreme Court’s verdict. Furthermore, it holds that Junqueras must be disqualified as an MEP and must not be released, as he has already been convicted. The Criminal Chamber thus aligns itself with the Prosecutor’s Office and dismisses the State Attorney’s Office’s request for the Court to ask for the waiver of parliamentary immunty and authorise Junqueras to leave prison to take up his seat as an MEP in the interval. Junqueras will appeal the decision before the Constitutional Court.

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