Ibán García is a Socialist MEP and Vice President of the Legal Affairs Commission (JURI) of the Eurocambra, which will analyze the supplication of JxCat MEPs Carles Puigdemont and Toni Comín.
How do you rate Puigdemont and Comín as MEPs?
In all normalcy. Spain assumes the judgment of the ECJ.
Luxembourg has corrected the Spanish authorities.
It has fixed jurisprudence on an issue where so far there have been no rulings. And it has done so thanks to a question from the Supreme Court.
The Supreme, however, has not allowed Oriol Junqueras to be in full.
One thing is the political assessment that Junqueras, who filed for justice, has not been able to take possession of, and yet two people who fled justice did. I do not like it, and I understand that there is a situation of material injustice. But it is time to make a legal assessment. The ECJ gave the Supreme Court the responsibility to interpret the sentence on Junqueras and, accordingly, both the Luxembourg and the Supreme resolutions are subject to law.
Has the Supreme fulfilled the sentence of the ECJ?
I understand that yes. In any case, an appeal may be filed. But in principle, in compliance with the treaties and the rule of law, I think that is the case.
The State Attorney General requested that the plea be made and that he be able to exercise his rights.
In court proceedings each party holds different theses. The court is the one that decides, and it must be followed.
Is removing immunity without a plea a dangerous precedent for a Member's statute?
Not a dangerous precedent, quite the opposite. It was before, that we were in a dangerous situation. National courts now know when immunity starts to work.
But it wasn't with Junqueras. The Supreme skipped the plea.
Is that the Supreme did not know. This is a novelty.
Is it any wonder that Junqueras, the subject of the case, is the only one to whom this case law does not apply?
This must be told to the ECJ. Had the matter been so clear, he would have reported it to the Supreme. Instead, he told her to interpret it for execution. The ECJ itself refers to the provisional prison. We are facing a final sentence.
When will the supplication for Comín and Puigdemont arrive at the JURI?
He arrived at the Euro Chamber on Monday and the presidency will decide now when he will announce it to the plenary. There is no deadline, but no reason to delay it. In JURI the process is under review.
Who will bring the case to the commission?
There is a turn-based procedure for determining the speaker. I can't be touched because I'm from the same Member State. Nor can it be from the same group.
When will it take to process?
Not a mathematician, but about two months. It can be more or less. The interested party, who can be accompanied by a lawyer and provide documentation, can be heard, and this is behind closed doors. But it is not a judgment.
Will their immunity be raised?
I have to be cautious, because it is my obligation. You need to see the reasons why Judge Pablo Llarena asks for it. It should rise a priori if they are not issues related to their activity as European Parliamentarians. It's the only thing that can maintain immunity.
Puigdemont calls on the PSOE to oppose raising immunity as a gesture of legalization.
That would be hindering justice. To prosecute does not mean impunity. If there are open lawsuits and there are crimes, no one can prevent them from being tried in court. Delegating politics means we have enough channels for political dialogue and resolution. It would be logical for Puigdemont to act like Junqueras and take the consequences of his decisions.
European justice has made different decisions than the Spanish about Puigdemont.
When it has a setback abroad, Spanish justice must reflect. Especially in terms of opportunity and dexterity. But we must not reflect on the operation of our rule of law, which is being flawless. It works and is a guarantor, it takes the decisions of the European courts as its own right.
Will Puigdemont and Comín be detained if they go to Spain?
That must be answered by the Supreme. I do not know.
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