Statement of the Catalan Ombudsman about the ruling of EU Court of Justice regarding MP's immunity



The Court of Justice of the European Union delivered the ruling in Junqueras Vies case C-502/19, regarding the preliminary ruling raised by the Spanish Supreme Court.

According to the EU Court of Justice, “a person who is elected to the European Parliament acquires the status of Member of Parliament as a result of and from the time of the declaration of the election results, with the result that he enjoys the immunities guaranteed by Article 9 of the Protocol”.

This status implies that the immunity, as regards travel granted to every Member of the European Parliament, entails lifting any measure of provisional detention imposed prior to the declaration of that Member’s election, in order to allow that person to travel to and take part in the inaugural session of the European Parliament.

According to this ruling, the Catalan Ombudsman notes that Oriol Junqueras's political rights have been violated, as he was not allowed to attend the inaugural session of the European Parliament.

Furthermore, as the EU Court of Justice holds that the competent national court should request the European Parliament to waive that immunity, while there is no request nor any European Parliament decision, Oriol Junqueras should be immediately released.

Consequently, the Catalan Ombudsman states that:

  • There has been violation of political rights;
  • The Spanish Supreme Court must apply the EU Court of Justice ruling in all its extension;
  • Supports the request for releasing Oriol Junqueras.

This statement is forwarded to the Spanish Ombudsman and the Spanish Supreme Court to its knowledge and consideration.

Barcelona, 19 December 2019