The Court of Justice of the European Union has dismissed Carles Puigdemont's request, Clara PonSatí and Toni Comín to suspend the lifting of his immunity as MEP, considering that there is no risk of the former president of the Generalitat of Catalonia and His former Consellers are detained in the exercise of their functions as members of the European Parliament.
Last April, Parliament voted in favor of lifting the immunity of Puigdemont, PonSatí and a Comín, accused of sedition and embezzlement for its involvement in the organization of the illegal referendum of October 1 and the subsequent unilateral declaration of independence. The still meals submitted a complaint before the European justice last May, which argued that Parliament had not guaranteed them guaranteed "the possibility of exercising, in its capacity as deputies, their fundamental rights as representatives of the citizens of the Union , and that it has violated the rights provided by several articles of the Charter of Fundamental Rights of the European Union. " The court cautiously accepted the suspension but today resolves against the independence leaders
The Tjue, based in Luxembourg, alleges that the suspension could only occur in case of urgency "to avoid serious and irreparable damage" to those involved. The vice president of the court has dismissed that it is the case. The European justice argues that Parliament's decision suspends "only the immunity that deputies enjoy, in the territory of every Member State other than their national territory, compared to any measures of detention and all action." This, however, does not affect its displacements as a MEPs.
The defense of Puigdemont, a Comín and Pontsatí alleged that, when its immunity was lifted, Catalan politicians were prevented from exercising their work as killed by not being able to attend the plenary sessions at the European Parliament Headquarters in Strasbourg (France), for fear of Be detained. Although during a large part of the pandemic these displacements are simply not given, Luxembourg alleges that the immunity that "covers the Members during their displacements to the Place of Meeting of the Parliament or when they return from this remains legally intact."
But it is also that Luxembourg does not see any urgency since the judicial process is paralyzed, waiting for an opinion of the Court on the Euroorden itself. "The deputies have not demonstrated that their detention or limiting their displacements or, more rightly, their surrender to the Spanish authorities and their subsequent implementation of provisional detention were foreseen with a sufficient degree of probability, particularly with respect to the state In which they reside -Belgium, "the vice president alleges.
Last January, the Belgian authorities decided not to deliver former Conseller Lluís Puig alleging that the execution of this petition would endanger their fundamental rights. This decision has been appealed to European justice by the Supreme Court for understanding that it exceeds the European Delivery Requests. With the decision of Luxembourg pending, the euródes are also.
"While the Court of Justice is not pronounced in the matter preliminary Puig Gordi and others, nothing allows the Belgian judicial authorities or that the authorities of another Member State can execute the European detention orders dictated against the deputies and deliver them to the authorities Spanish, "insists Luxembourg. However, the court also aims to change the circumstances, it could also change their position.
Date Of Update: 03 August 2021, 18:36
