The lawyer general of the Court of Justice of the European Union (CJEU), Maciej Szpunar, considers that Oriol Junqueras, former Catalan vice president and leader of ERC, should have been judicially immune and should have collected his MEP certificate. "The acquisition of the parliamentary mandate of the European deputies results solely from the vote of the electors and cannot be subject to the subsequent fulfillment of any formality ," argues Szpunar in a letter. In his opinion, recognition as a full MEP cannot be made subject , as Spanish legislation does, to compliance with the Constitution.
The accounts of the prisoners of the process to be released on parole: Oriol Junqueras would be the last to obtain it, in 2026 Junqueras, a renowned independence leader, was recently sentenced to 13 years in prison by the Supreme Court for sedition and embezzlement , but at the time of the trial he already enjoyed immunity under the constitution of the European Parliament, according to Middle East Phone Number List the EU lawyer. He was untouchable, says Szpunar, after the result of the May 26 elections in which he was elected MEP. This fact would put the trial of the process back on the table , since the Supreme Court should have recognized his immunity since last July 2 (the moment when the European Parliament was formed). If in the end the CJEU confirms that Junqueras is an MEP and had immunity, the Supreme Court should request the request (inviolability).
On the contrary, lawyers from the other party argue that the ERC leader could not be an MEP because he did not abide by the Constitution , which would form a new legal battle between both sides. It would help the judicial case of Puigdemont and Comín The decision on Junqueras could set a precedent for the legal battle also waged by former Catalan president Carles Puigdemont and former minister Toni Comín, who have been trying to gain the status of MEPs since May. So far the attempt has been unsuccessful for the independentists. Both Puigdemont and Comín presented their own appeals against the European Parliament at the beginning of July, but the CJEU denied their requests and the Electoral Board put all possible obstacles in place to prevent the appointment . But, if Junqueras were considered an MEP, the resolution would open a new way for Puigdemont and Comín to also be one. In fact, they would also be inviolable for each extradition order to be applied .