European justice dismissed the recourse of Oriol Junquerras against the loss of his seat

The General Court of Justice of the EU has dismissed the appeal listed last year by Oriol Junquerras against the decision of the European Parliament to choose a

European justice dismissed the recourse of Oriol Junquerras against the loss of his seat

The General Court of Justice of the EU has dismissed the appeal listed last year by Oriol Junquerras against the decision of the European Parliament to choose as a kiloled Jordi Solé after declaring the ERC leader's seat vacanting after his sentence. Junquerras was elected at the European elections of May 2019, such as Carles Puigdemont, Toni Comín or Clara PonSatí, but unlike them it did not come out of Spain, he was arrested and condemned, and never came to occupy his site in the Eurocamera.

In December 2019, the Tjue made a controversial decision for which he considered that the four should have enjoyed parliamentary immunity and his seat from the moment of the count of votes, and not since the collection of the act, as the Spanish authorities and the Own Eurocámara. But he also pointed out that, unlike the other three, having been condemned in Spain the situation was different. After losing the seat in favor of the colleague of him Solé, Junquerras resorted, but the General Court, in a self-decided last week but communicated this afternoon, has dismissed the claim.

In his car, the General Court declares inadmissible the appeal of the Independent Leader "for lacking active legitimation," not being a recipient of said act and considering that "this did not produce any effect on its legal situation, that is, it did not affect it directly . "In this regard, it is necessary to verify that the plaintiff's argument is based exclusively on purely hypothetical postulates," says the text. "Also, even assuming that the court annulled the act by which Parliament took note of the vacancy of the seat of the plaintiff, this has not shown, neither so allegedly, that the Spanish competent authorities are, therefore, automatically obliged to restore it as a European deputy as Mr. Solé I Ferrando, "he adds.

The car is clear both in the legal and admissibility and the interpretations of the facts made by Junquerras on the decisions of the European Parliament and the Spanish Central Electoral Board. "The claimant's claim according to which, in essence, the Parliament considered insufficient proclamation, through the Agreement of January 3, 2020 of the Central Electoral Board, of the election of Mr. Solé and Ferranda because, in The plenary of January 13, 2020, the President of Parliament requested the Spanish competent authorities to appoint a substitute for the plaintiff. Indeed, this claim does not allow to demonstrate the direct involvement of the plaintiff and is, therefore, inoperative. In addition, this Allegation lacks a factual basis, since neither of the recording of the Parliament session of January 13, 2020 or its Act emerged that the President of Parliament will make such a request ", can be read.

The decision has several parts and all are contrary to the line of defense. "Fourth, the plaintiff argues that, by recognizing Mr. Solé and Ferrando the status of European deputy on the basis of the judgment of 19 December 2019," the aforementioned that he served for the four of them to be recognized as deputies From the elections, "Even though, by the Agreement of January 23, 2020, the Central Electoral Board had declared its seat vacant, the Parliament adopted a true decision. According to the plaintiff, by acting in this way, Parliament proceeded in a manner Contrared to what the Spanish competent authorities had decided and noted that the cause of the vacancy of Mr. Solé I Ferrando claimed the law of Union, "recalls magistrates. "In this regard, it is enough to point out that the claimant's claim aims to demonstrate that the contested act is decisive and, therefore, it produces mandatory legal effects. Well, even assuming this circumstance is demonstrated, it does not allow you to prove that the Convulted act produces mandatory legal effects on the plaintiff. Thus, the claimant's claim must be dismissed, "dizes the car.

The magistrates also choose to dismiss the demand for intervention of the Kingdom of Spain. Junquerras can resort to the Court of Justice, the higher body, but will have to pay the costs and those of Parliament.

The court of Luxembourg has yet to rule on the precautionary measures recently requested by Puigdemont after being detained in Italy and acknowledged a draft decision on Lluis Puig, another former counselor who is in Belgium and is claimed but whose delivery to Spain is questioned by The Belgian judicial authorities, which argue that the Supreme has no competences to issue the necessary Euroorden.

Updated Date: 15 October 2021, 00:26

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