2019/11/12

ECJ General Advocate: a person elected MEP is MEP regardless of any subsequent formality

According to the advocate general of the European Court of Justice, a person elected MEP is MEP "regardless of any subsequent formality the person must follow according to European or national law."
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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