Spain: ruling of the Criminal Chamber of the Supreme Court of 9 January 2020 in special proceedings No. 20907/2017 Cover Image

Hiszpania: postanowienie Izby Karnej Sądu Najwyższego z dnia 9 stycznia 2020 r. w sprawie specjalnej o numerze 20907/2017
Spain: ruling of the Criminal Chamber of the Supreme Court of 9 January 2020 in special proceedings No. 20907/2017

Author(s): Bartłomiej Dziedzic
Subject(s): Politics / Political Sciences, History
Published by: Kancelaria Sejmu
Keywords: parliamentary immunity; representative mandate; Spain;Court of Justice of the European Union;European Parliament

Summary/Abstract: The Supreme Court ruled on the legal consequences of the judgment of the Court of Justice of the European Union in Case C-502/19 concerning Mr Oriol Junqueras – the supporter of the independence of Catalonia convicted of sedition and misappropriation of public funds. Mr O. Junqueras was elected Member of the European Parliament while he was in provisional detention, but after the trial stage of the criminal proceedings brought against him had been opened. The CJEU judgment concerned the scope of the immunity enjoyed by MEPs. The Supreme Court ruled, in accordance with the CJEU interpretation, that Mr Junqueras enjoyed the immunity. However, the prison sentence passed on him deprived him of his MEP status and therefore a request to waive the immunity in this particular case was not applicable.

  • Issue Year: 2020
  • Issue No: 5
  • Page Range: 251-267
  • Page Count: 17
  • Language: English, Polish