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Court Rules Jailed Catalan Leader Entitled to Immunity As E.U. Lawmaker Spain Bars Catalan Leader from Public Office for 18 Months
(30 minutes later)
MADRID — The former deputy leader of Spain’s restive northeastern region of Catalonia, Oriol Junqueras, who is serving a prison sentence in Spain for sedition, should have been released to take the seat he won this year in the European Parliament, the European Union’s highest court ruled on Thursday. MADRID — A Spanish court on Thursday barred the leader of the restive northeastern region of Catalonia from public office for 18 months, for civil disobedience in his show of support for jailed separatists, in a ruling that is likely to fuel the anger of Catalan people who want to break away from Spain.
The ruling by a court in Barcelona dealt with yellow ribbons that are displayed throughout Catalonia in solidarity with separatists whose supporters consider them political prisoners of Spain’s central government.
Last spring, Quim Torra, the separatist regional president of Catalonia, refused to take down ribbons and other signs on public buildings, in defiance of an order by the electoral commission in Madrid that all partisan symbols be removed from such buildings during the political campaign leading up to a parliamentary election in April.
The ruling, which can be appealed, was the latest in a long series of clashes pitting Spain’s central government and its judiciary against Catalan leaders who favor independence.
Also on Thursday, the European Union’s highest court made a significant decision in favor of the former deputy leader of Catalonia, Oriol Junqueras, who is serving a prison sentence for sedition. The European Court of Justice ruled that Spanish authorities should have released Mr. Junqueras so that he could take the seat he won this year in the European Parliament.
In October, Spain’s Supreme Court sentenced Mr. Junqueras and eight other former Catalan leaders to prison for their involvement in a botched attempt to secede from Spain in 2017, after holding an independence referendum that had been declared unconstitutional by Spanish courts. Mr. Junqueras received the toughest sentence, of 13 years in prison, after he was found guilty of sedition and misuse of public funds.In October, Spain’s Supreme Court sentenced Mr. Junqueras and eight other former Catalan leaders to prison for their involvement in a botched attempt to secede from Spain in 2017, after holding an independence referendum that had been declared unconstitutional by Spanish courts. Mr. Junqueras received the toughest sentence, of 13 years in prison, after he was found guilty of sedition and misuse of public funds.
But the European Court of Justice ruled on Thursday that as a member of the European Parliament, Mr. Junqueras had a degree of legal immunity — a decision that has wider repercussions for the longstanding Catalan secessionist movement. But the European Court ruled that as a member of the European Parliament, Mr. Junqueras had a degree of legal immunity — a decision that has wider repercussions for the longstanding Catalan secessionist movement.
Two other Catalan politicians, Carles Puigdemont, the former separatist leader of Catalonia, and Toni Comín, a former regional minister, who also won seats in the European Parliament in May, are also hoping to use their recent elections to avoid extradition and prosecution in Spain.Two other Catalan politicians, Carles Puigdemont, the former separatist leader of Catalonia, and Toni Comín, a former regional minister, who also won seats in the European Parliament in May, are also hoping to use their recent elections to avoid extradition and prosecution in Spain.
Mr. Junqueras’s case has been regarded as a test of whether European Union parliamentary immunity can override national criminal court proceedings and could affect similar cases.Mr. Junqueras’s case has been regarded as a test of whether European Union parliamentary immunity can override national criminal court proceedings and could affect similar cases.
The European Court ruled that a politician is elected to the European Parliament as soon as the results of the vote are made official, and can immediately benefit from immunity and other privileges granted to European Union lawmakers.The European Court ruled that a politician is elected to the European Parliament as soon as the results of the vote are made official, and can immediately benefit from immunity and other privileges granted to European Union lawmakers.
The court determined that Spain was wrong to prevent Mr. Junqueras from taking his seat in the European Parliament while he was in jail awaiting sentencing. It did not say that the sentencing, itself, was improper.The court determined that Spain was wrong to prevent Mr. Junqueras from taking his seat in the European Parliament while he was in jail awaiting sentencing. It did not say that the sentencing, itself, was improper.
It is still unclear what impact the ruling will have on Mr. Junqueras’s case however, as the court left it up to Spain’s Supreme Court to decide on the practical impact of immunity. It is unlikely that Spain would now release him.It is still unclear what impact the ruling will have on Mr. Junqueras’s case however, as the court left it up to Spain’s Supreme Court to decide on the practical impact of immunity. It is unlikely that Spain would now release him.
The sentencing of Mr. Junqueras and others in October reignited tensions within the Catalonia region and led to several nights of violence on the streets of Barcelona and other cities, as protesters lit fires and threw rocks at the police, who responded with tear gas and rubber bullets.The sentencing of Mr. Junqueras and others in October reignited tensions within the Catalonia region and led to several nights of violence on the streets of Barcelona and other cities, as protesters lit fires and threw rocks at the police, who responded with tear gas and rubber bullets.
While the violence had eased in recent weeks, a much-anticipated soccer match between Barcelona and Real Madrid on Wednesday was followed by violent clashes between the police and protesters outside the Barcelona stadium.While the violence had eased in recent weeks, a much-anticipated soccer match between Barcelona and Real Madrid on Wednesday was followed by violent clashes between the police and protesters outside the Barcelona stadium.
The October Supreme Court ruling in Spain allowed the country’s judiciary to reactivate international arrest warrants against Mr. Puigdemont and some members of his cabinet. They fled to Brussels in October 2017, after Spain’s government forced their ouster from office.The October Supreme Court ruling in Spain allowed the country’s judiciary to reactivate international arrest warrants against Mr. Puigdemont and some members of his cabinet. They fled to Brussels in October 2017, after Spain’s government forced their ouster from office.
Earlier this month, a Belgian court postponed an extradition case against Mr. Puigdemont and Mr. Comín, deciding instead to wait for the European Court ruling on the extent of parliamentary immunity.Earlier this month, a Belgian court postponed an extradition case against Mr. Puigdemont and Mr. Comín, deciding instead to wait for the European Court ruling on the extent of parliamentary immunity.
The election of Catalan separatist politicians to the European Parliament has turned into a political hot potato for the European Union, which has been under pressure to clarify how tightly its members are bound by European law. The Parliament said that it would enforce whatever decision was taken by the European Union’s highest court.The election of Catalan separatist politicians to the European Parliament has turned into a political hot potato for the European Union, which has been under pressure to clarify how tightly its members are bound by European law. The Parliament said that it would enforce whatever decision was taken by the European Union’s highest court.
Mr. Junqueras was elected to the European Parliament in May, while in jail in Spain awaiting sentencing. His lawyers have argued that Spain’s judiciary breached his fundamental rights by refusing to let him swear an oath to the Spanish Constitution in order to take up his seat in the European Parliament. The Spanish Supreme Court eventually decided to refer the issue to the European Court of Justice, which is based in Luxembourg.Mr. Junqueras was elected to the European Parliament in May, while in jail in Spain awaiting sentencing. His lawyers have argued that Spain’s judiciary breached his fundamental rights by refusing to let him swear an oath to the Spanish Constitution in order to take up his seat in the European Parliament. The Spanish Supreme Court eventually decided to refer the issue to the European Court of Justice, which is based in Luxembourg.
Mr. Junqueras was jailed over two years ago, but has continued to lead his party, Esquerra Republicana, which is now the largest separatist party in the Spanish Parliament. In recent weeks, the party has been at the heart of the latest round of negotiations to form a new government in Madrid.Mr. Junqueras was jailed over two years ago, but has continued to lead his party, Esquerra Republicana, which is now the largest separatist party in the Spanish Parliament. In recent weeks, the party has been at the heart of the latest round of negotiations to form a new government in Madrid.
Pedro Sánchez, Spain’s caretaker Socialist prime minister, won a repeat national election in November, but didn’t coming close to a parliamentary majority. Two days after the election, Mr. Sánchez agreed to form a coalition government with a smaller left-wing party, Unidas Podemos, but he has failed so far to convince other factions to support him.Pedro Sánchez, Spain’s caretaker Socialist prime minister, won a repeat national election in November, but didn’t coming close to a parliamentary majority. Two days after the election, Mr. Sánchez agreed to form a coalition government with a smaller left-wing party, Unidas Podemos, but he has failed so far to convince other factions to support him.
Catalan separatist parties hold 23 of the 350 seats in Spain’s Parliament, which puts them in a position to give Mr. Sánchez the necessary support to form a government.Catalan separatist parties hold 23 of the 350 seats in Spain’s Parliament, which puts them in a position to give Mr. Sánchez the necessary support to form a government.
In July, thousands of Catalan independence supporters gathered at the European Parliament in Strasbourg, France, to denounce the fact that the newly-elected assembly was meeting without some of its Catalan representatives.In July, thousands of Catalan independence supporters gathered at the European Parliament in Strasbourg, France, to denounce the fact that the newly-elected assembly was meeting without some of its Catalan representatives.
Mr. Junqueras has also received support from fellow European lawmakers, who have protested against a democratically elected politician being prevented from taking his seat.Mr. Junqueras has also received support from fellow European lawmakers, who have protested against a democratically elected politician being prevented from taking his seat.
The European Court ruling comes after the court’s main legal adviser issued a legal opinion last month in advising that parliamentary immunity be recognized at the time of election, independent of what procedures different European Union countries use for politicians to be sworn into office.The European Court ruling comes after the court’s main legal adviser issued a legal opinion last month in advising that parliamentary immunity be recognized at the time of election, independent of what procedures different European Union countries use for politicians to be sworn into office.