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Jailed Catalan leader 'should have had immunity', rules EU court Jailed Catalan leader 'should have had immunity', rules EU court
(32 minutes later)
A jailed Catalan separatist leader who has been unable to take up his European Parliament seat should have been given immunity, the EU's top court says.A jailed Catalan separatist leader who has been unable to take up his European Parliament seat should have been given immunity, the EU's top court says.
The European Court of Justice (ECJ) has ruled that Oriol Junqueras became an MEP the moment he was elected in May, despite being on trial for sedition.The European Court of Justice (ECJ) has ruled that Oriol Junqueras became an MEP the moment he was elected in May, despite being on trial for sedition.
Junqueras was later convicted and jailed for his role in an illegal 2017 Catalan independence referendum.Junqueras was later convicted and jailed for his role in an illegal 2017 Catalan independence referendum.
His Republican Left of Catalonia party is demanding his immediate release.His Republican Left of Catalonia party is demanding his immediate release.
Spanish law requires new MEPs to swear an oath on the constitution in Spain. Junqueras, who has been in custody since November 2017, was not allowed to do this while in prison. Spanish law requires new MEPs to swear an oath on the constitution in Spain. Junqueras, the former Catalan vice-president who has been in custody since November 2017, was not allowed to do this while in prison.
The ruling may also affect the status of two other top Catalan separatists, who fled to Belgium before Spain could detain them: ex-Catalan President Carles Puigdemont and Toni Comin.
They were also elected as MEPs in May, but could not take up their seats in the Strasbourg parliament as, like Junqueras, they had not sworn the Spanish oath.
What has the court ruled?
On Thursday, the ECJ ruled that Junqueras should have "enjoyed the immunities guaranteed" by EU law after the election results were confirmed.On Thursday, the ECJ ruled that Junqueras should have "enjoyed the immunities guaranteed" by EU law after the election results were confirmed.
It added that if Spanish courts had wanted to maintain his provisional detention to prevent him from travelling to take his seat in the European Parliament, they should have requested that Parliament waive his immunity. It added that if Spanish courts had wanted to maintain his provisional detention to prevent him from travelling to the European Parliament for his inauguration, they should have requested that Parliament waive his immunity.
"The purpose of that immunity is to allow such persons to... travel to and take part in the inaugural session of the newly-elected European Parliament," the ruling stated.
Responding to Thursday's ruling, Mr Puigdemont tweeted: "Immediate freedom for @junqueras."
However, the ruling does not address Junqueras's prison term.
He was sentenced to 13 years in jail for sedition and misuse of public funds by Spain's Supreme Court in October. Eight other Catalan separatists also received jail sentences.
The immunity rules protect an MEP from any investigation or prosecution based on their opinions or votes as an MEP. But an MEP found to have committed an offence cannot claim immunity.