Meeting in May 2019 of the president of the ERC and candidate for the European Parliament, Oriol Junqueras, and the senator-elect Raül Romeva, in Sant Vicent dels Horts (Barcelona).
The Constitutional Court is going to review the resolutions by which the ERC leader Oriol Junqueras was prevented from being proclaimed MEP without first going to the Central Electoral Board (JEC) to collect the act and swear the Constitution.
The court of guarantees agreed this Wednesday by admitting the appeals filed by Junqueras against Supreme Court decisions that meant that he could not acquire full status as a member of the European Parliament after the European elections in May 2019.
The conditions for the recognition of Junqueras' MEP status and the requirements for him to be able to collect the minutes were the subject of numerous controversies that the Supreme Court itself wanted to clarify by asking the Court of Justice of the European Union (CJEU) a question for a preliminary ruling or consultation.
Doubts arose after Junqueras was elected MEP on May 26, 2019 without the Supreme Court allowing the ERC leader to leave prison, where he was serving a sentence for the
procés
sentence , to go pick up his MEP certificate.
In parallel, the Criminal Chamber submitted the preliminary ruling to the Court of Justice of the European Union (CJEU) so that the European magistrates would indicate how the request of the ERC leader, who had just been sentenced to 13 years in prison, should be resolved. prison for a crime of sedition in medial competition with another of embezzlement of public funds.
The Luxembourg court, in turn, ruled that Junqueras should have been released and that he enjoyed immunity when he was proclaimed MEP.
The Luxembourg Court, in any case, did not impose Junqueras' release from prison.
The CJEU's response to the Supreme Court's query came in January 2020, when the then leader of the ERC was already serving the 13-year prison sentence and disqualification that the Criminal Chamber had imposed on him for a crime of sedition in medial competition with another embezzlement.
The Court of Justice of the EU left the responsibility of “assessing the effects attached to the immunities enjoyed by Mr. Junqueras” in the hands of the Supreme Court.
The Prosecutor's Office opposed the release of the ERC leader, which did not come until the Government decided to pardon those convicted in the
procés case
, in June 2021.
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