EU Parliament Should Have Decided On Mandate Of Jailed Ex-Catalan Leader - Court Adviser

EU Parliament Should Have Decided on Mandate of Jailed Ex-Catalan Leader - Court Adviser

The European Parliament and not Spain should have decided on the immunity of its member and former Catalan deputy leader, Oriol Junqueras, the advocate general at the top EU court said Tuesday

BRUSSELS (Pakistan Point News / Sputnik - 12th November, 2019) The European Parliament and not Spain should have decided on the immunity of its member and former Catalan deputy leader, Oriol Junqueras, the advocate general at the top EU court said Tuesday.

"The European Parliament should be able to decide whether it is appropriate to waive or defend the immunity of one of its Members," Maciej Szpunar wrote in a non-binding opinion.

Junqueras was elected to the EU parliament in May while he was still in custody for his role in the 2017 independence vote. He was jailed for 13 years on sedition charges last month.

Szpunar noted that Junqueras' conviction came with loss of any public office, which meant that the "judgment of 14 October 2019 brings to an end the mandate of Mr Junqueras."

But he also said he recommended that the European Court of Justice should declare that it fell to the European parliament to decide on the immunity of its members, in a boost to Junqueras.

The court adviser also argued that Spain had no right voiding Junqueras' membership of the EU parliament when he could not leave jail to take oath of office as an EU parliamentarian.

He said that, although a member state identified the process of electing national representatives to the EU parliament, this mandate could be acquired solely from the electorate and should not be conditional on the completion of any local formalities.