In an assessment issued before the ECJ makes a final
decision on the matter, the advocate general Maciej Szpunar stated that
Spain's Supreme Court cannot prevent Junqueras from taking up his seat.
The court in Luxembourg is due to make a final ruling in the coming months following the advocate's advice.
The advocate general says it is "only voters" who can
decide who becomes an MEP, and that it is up to the European Parliament
to decide whether to allow Junqueras legislative immunity.
He has said that once elected, MEPs have a mandate
governed by European law, and Spain ''cannot revoke or limit without an
express authorization'' of European institutions, stating that the law
does ''not allow any member state to suspend the mandate of a member of
the European Parliament or their prerogatives for any reason.''
The President of Catalonia Carles Puigdemont, who,
in exile in Belgium, was also unable to assume his position as an MEP,
has said that the advocate's opinions embody the ''enormous injustice''
that Junqueras has been victim of.
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