In a second sentence, the General Court has rejected the arguments of Puigdemont, Comín and Ponsatí against the decisions of Parliament that led to the admission of the petitions and, therefore, to the waiver of their immunity. In particular, the allegations that the European Parliament erred in concluding that the judicial process was not initiated with the intention of harming the activity of MEPs, who present themselves as victims of ideological persecution.
The resolution states that in order to reach that conclusion, the European Chamber was based on various elements, among them that the facts imputed were committed in 2017while the deputies acquired the status of MEPs on June 13, 2019. They were prosecuted on March 21, 2018, that is, at a time when the acquisition of the status of MEP “was hypothetical”. But, in addition, according to the magistrates,When examining a request for waiver of immunity, it is not up to Parliament to analyze the legality of Spanish judicial acts, exclusive competence of the national authorities. Nor can the European Parliament adopt decisions to protect immunity with binding legal effects for the Spanish judicial authorities.
The General Court also rejects the contention that Parliament had violated the principle of impartiality and emphasizes that the appointment of the rapporteur in charge of the request for the suspension of Puigemont’s immunity was appointed by the Legal Affairs Committee “according to the shift of equal conditions.” It is irrelevant, understands the European justice, that this speaker is attached to the European political group of conservatives and reformists, to which Vox belongs.