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Today, Spain's Supreme Court ruled that @junqueras, elected as an MEP by well over one million citizens in the #EUelections2019 of 26 May, would not be allowed to collect his credentials and complete the necessary paperwork in order to take up his seat on 2 July.
Javier Pérez Royo is a Spanish jurist and Professor in Constitutional Law at the University of Seville. This is my translation of the opinion article he has written on today's developments. Please see the original article at the end of the thread:
Oriol Junqueras has not been convicted by any final judgement that might prevent him from exercising his political rights, which obviously include the right to stand as an electoral candidate.
Otherwise, he would not have been able to stand as a candidate in the elections to the Congress of Deputies [Spanish lower house] on 28 April, or in the elections to the European Parliament on 26 May. The Electoral Commission, which is responsible for declaring candidates...
...eligible to stand in the elections, would have prevented him from doing so. It did try to prevent @KRLS Puigdemont from standing and his exclusion from the list of candidates was overturned by a judicial decision.
But it did not event attempt to prevent Oriol Junqueras from standing, taking for granted that he was entitled to do so and, consequently, enjoyed the right to be elected as a Member of the European Parliament.
Is it acceptable for a citizen who has not been prevented from standing as a candidate in elections to be prevented from taking up his seat after being elected? The question answers itself. Because, furthermore, from the moment he was elected, the refusal to allow...
...him to take up his seat has constituted a violation not only of the MEP’s right to stand as a candidate but also of the right to vote of all the citizens who elected him. The Supreme Court’s decision is a massive violation of fundamental rights.
The Supreme Court’s decision to refuse to allow Oriol Junqueras to enter the headquarters of the Central Electoral Commission in order to swear allegiance to the Constitution and consequently take up his seat in the European Parliament constitutes a clear violation of the...
...Constitution and of the Electoral Law. The Supreme Court cannot be ignorant of the content and scope of the right recognised in article 23 of the Constitution. It cannot be ignorant of the content and scope of the right to the presumption of innocence, which has not ceased...
...given that Oriol Junqueras has not been convicted by a final judgement. Its decision to refuse to allow him to enter the headquarters of the Central Electoral Board to swear allegiance to the Constitution is a “knowingly” unfair decision.
As soon as he is notified of the Supreme Court’s decision, Oriol Junqueras is entitled to bring an action against the corresponding members of the court for knowingly issuing an unfair decision which has prevented him from exercising a fundamental right.
In my opinion, the Catalan Ombudsman should bring an action on behalf of the citizens of Catalonia, whose right to vote has also been violated by the Supreme Court’s decision.
The said action should be registered forthwith in the European Parliament in order to ensure that the institution is immediately aware of the violation of the fundamental rights of an elected parliamentarian who appears as such in the list published by...
...Spain’s Official State Gazette, and who is the victim of an attempt, by means of anti-constitutional trickery, to prevent him from acquiring the said status. A request should be made for the European Parliament to address the matter as soon as it is constituted.
The European Parliament cannot fail to debate the most flagrant aggression that can be perpetrated against one of its members: that of preventing them from being one.
To date, as far as I know, in no Member State of the European Union has an elected parliamentarian who has not been convicted by a final judgement been prevented from taking up their seat. In my opinion, we are dealing with a breach of European Union law by the Spanish State.
In this respect, it is necessary to examine how to bring the said breach before the European Court of Justice. No appeal of this kind has ever been lodged and the legal route for doing so is unclear.
It is such an extraordinary case that it has never even occurred to anyone that such an appeal might be lodged. But once lodged, it is clear that European Union law must respond and that it must be possible to demand that the said response be effective.
The action against the judges of the Supreme Court for knowingly issuing an unfair decision must be the starting point of a long legal battle. The Supreme Court’s decision cannot be accepted under any circumstances.…
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