Junqueras asks the TC to suspend the sentence of the ‘procés’ hiding in the pending preliminary question

He regrets that he has been serving a disqualification sentence that prevents him from participating in the political life of which he was the main actor

MADRID, Dec. 3 (.) –

The defense of the former vice president of the Generalitat of Catalonia Oriol Junqueras is based on the resolution of the European Justice regarding the suspension of the arrest and surrender orders that weighed on Carles Puigdemont, to request the Constitutional Court (TC) to suspend the sentence of the ‘procés’ “as soon as possible” to mitigate the damage that its execution is causing to their fundamental rights.

In a letter to which Europa Press has had access, it indicates that, in view of that order of the Vice President of the General Court of the European Union (TGUE) dated November 26, which refused to return immunity to Puigdemont because the process was suspended Since there is a preliminary ruling question to be resolved, you understand that this resolution may affect your case.

It explains that there is no case in Spanish jurisprudence that is identical or even analogous to the one raised “with regard to the existence of European parliamentary immunity and for the purposes of a preliminary ruling of the Court of Justice of the European Union (CJEU), resolved in the ‘Junqueras Case’ “.

It tells the TC that in its appeal for protection it explains the legal effects of Junqueras’ parliamentary immunity, and specifies that one of them is the suspensive effect on the main criminal lawsuit during the processing of the preliminary ruling, “which was not respected by the Supreme Court “.

“In writing of this part of July 1, 2020, it was insisted on the idea that the criminal procedure could not evolve nor could a conviction have been handed down with respect to my client due to the suspensive effect of the preliminary ruling,” he points out.

It refers to the request that he made in September 2019 in which he asked the Supreme Court (TS) to suspend the sentence of 1-O and wait for the Court of Justice of the European Union (CJEU) to rule on his immunity as a European parliamentarian, which was foreseen as of October 14 of that year.

THE CAR OF THE TGUE

After this, the defense, which is exercised by the lawyer Andreu Van Den Eynde, recovers the order of the TGUE in which he responds to Puigdemont after he was arrested in Sardinia, and points out that it offers “an interesting interpretation on the legal effects of the forwarding European prejudicial “.

“Said resolution refers to the same criminal procedure from which this amparo arises. It establishes the resolution that, since the request for a preliminary ruling refers to the execution of a European arrest warrant in the reference criminal procedure, which includes the orders Regarding the plaintiffs, it was considered, in the first round of precautionary measures, that the suspension of the procedure entailed the suspension of the execution of said orders, as the Spanish authority had stated, “it indicates.

It emphasizes that the order is “highly explicit” by stating that it must be confirmed that the criminal proceedings referred to are suspended until the CJEU decides on the question referred for a preliminary ruling. And it adds that it specifies that the suspension is derived from the presentation of the issue itself without the need for the issuance of any special resolution by the Court that raised it, in this case the Supreme Court.

In line, it explains that the TGUE points out to the Supreme Court that it cannot ignore said suspensive effect on the main proceeding, and also that said Court requested the application of an accelerated procedure. And it adds that the vice-president of the TGUE affirms that the Spanish judicial authorities must, in accordance with the principle of loyal cooperation, take into account the fact that the criminal procedure involved is suspended as a result of the approach to the referral and its subsequent effects on the execution. of the European Arrest Warrants relating to the plaintiffs.

THE PRINCIPLE OF FAIR COOPERATION

The defense points out that the principle of loyal cooperation referred to in the order of the vice-president of the TGUE is the same one that the judgment regarding Junqueras pointed out in a pre-eminent way when it looked at the so-called “reflex effects” of the preliminary ruling on the criminal procedure. “that ended, unduly, with the issuance of a conviction” with respect to his client.

“The vice president of the TGUE clearly does not dissociate the suspensive effect of a European arrest warrant from the main lawsuit, stating that the suspension of the detention procedure entails that of the main lawsuit, all based on the principle of loyal cooperation,” he recalls.

And it insists that the application of said conclusion to the appeal “is more than evident.” “The pendency of the preliminary ruling on immunity also had effects on the main lawsuit and the Supreme Court could not ignore these effects or waive them.”

Furthermore, it adds that this principle of loyal cooperation implies giving useful effect to the rules interpreted by the CJEU judgment in the case of Junqueras and therefore the domestic court “cannot prevent the correct application of Union law, especially when it was the Supreme Court itself that formulated its doubts about the scope of the parliamentary immunity that necessarily affected the main lawsuit as it was an absolute limit to jurisdiction “.

PROMPT RESOLUTION

After this, he points out the need for the sentnecia to be suspended on a precautionary basis and for there to be a prompt resolution. Remember that Junqueras was convicted by a judgment of October 14, 2019, and that the appeal for amparo was admitted for processing in July 2020 – more than 1 year and 4 months ago.

“Mr. Junqueras has been serving a disqualification sentence that prevents him from participating in the political life of which he was the main actor, having been relieved of his elected positions both as a deputy of the Parliament of Catalonia and of the Congress of Deputies and the European Parliament “, the Mint.

Therefore, it claims that given “the more than evident effect of Union law on criminal procedure that prevented the issuance of the conviction of the original procedure”, and since there is a “relevant impact and irreparable damage in the exercise of fundamental rights “of Junqueras, begs that the arguments presented in the resolution of the appeal before the TC be taken into account and give rise to a precautionary suspension of the appealed judgment and the prompt resolution of the appeal for protection made.

JULY 2020

It was in October 2020 when the TGUE rejected the appeal presented by the ERC leader against the decision of the European Parliament to declare his seat vacant after the conviction of the Supreme Court and reassign it to the also ERC member Jordi Solé.

In the order, the appeal was inadmissible by concluding that Junqueras lacks active legitimacy because he was not the recipient of the contested act, that is, the appointment of another MEP to occupy a seat declared vacant. The case dates back to July 2020, when the president of the European Parliament, David Sassoli, reported that, following the judgment of the Supreme Court of December 2019 and the subsequent decision of the Central Electoral Board, the European institution took note of the Solé’s election as MEP from January 3, 2020, replacing Junqueras whose seat was declared vacant.

Already in October 2020, the Court of Justice of the EU dismissed the appeal filed by Junqueras for the order that denied him precautionary measures against the decision of the European Parliament to declare his seat in the European Parliament vacant and also rejected urgent measures to protect your parliamentary immunity.

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