The European Court of Justice has ruled that the Catalan political leader Oriol Junqueras, imprisoned in Madrid, had parliamentary immunity as a Member of the European Parliament from the moment the official results of the European elections were announced.
As a result, Junqueras is covered by the immunities of that status from that moment. Therefore, Spain should have released him so he could take his seat in Strasbourg as a Member of the European Parliament. The European Court of Justice has determined this.
Oriol Junqueras has been imprisoned for over two years due to his role in organizing the 2017 independence referendum. In October, he was sentenced to 13 years in prison.
The Spanish authorities did not allow the politician to leave prison. He and other Catalan leaders are imprisoned because of their leading roles in declaring Catalan independence after the referendum, which Madrid disputes. At the end of May, Madrid only accepted the election results of Spanish EU politicians if they signed a declaration at the ministry in Madrid. However, the imprisoned politicians were not allowed to leave their cells.
The European Court in Luxembourg now rules that Spain should have requested the EU Parliament to lift the immunity of these politicians. This did not happen, and therefore they should have been released to travel to Strasbourg.
This decision of the EU Court also applies to the situation of Catalan leaders Carles Puigdemont and Tomi ComÃn, who were also elected as Members of the European Parliament in May. They have lived in exile for several years in Belgium and Scotland. Until now, the elected Spanish/Catalan politicians have not been able to take their seats in Strasbourg because the European Union and the Spanish government have been engaged in various legal proceedings against each other over this issue.
The ruling of the EU Court is a boost for the Catalan independence movement. His party states that he must be released immediately.