Breaking: ECJ advocate general says it shd be up to the European Parliament to decide whether jailed Catalan independence leader Oriol Junqueras, elected an MEP in May, has parliamentary immunity - ie, it shd not be dependent on him taking an oath to the Spanish Constitution
ECJ advocate general says once a person is elected MEP he or she acquires the status of an MEP "notwithstanding any subsequent formality which that person is required to complete, whether under EU law or the national law of the Member State in question."
ECJ advocate general says because the MEP has acquired the Parliamentary mandate + thus the status of an MEP he is "therefore...capable of benefiting from immunity" from prosecution from the moment he takes up his mandate from the EP
Advocate general says Spanish authorities "are required to refrain from any measure which might obstruct the necessary steps of that MEP to take up his/her duties and to suspend the measures which are already in force, unless immunity has been waived by the EP"
Advocate General recommends Article 9 of the EP protocol on parliamentary immunity must be interpreted as meaning that it falls to the European Parliament to decide whether it is appropriate to waive or defend the immunity of one of its Members
Background: Oriol Junqueras argues he shd be given immunity from the moment he was elected an MEP; Spain argues because he was forbidden from swearing an oath to the Spanish constitution due to imprisonment on sedition charges he's in effect not an MEP
Today's opinion says he enjoys the same rights as any MEP from the moment of his election, even if he was unable to swear an oath to the Spanish constitution; it should be up to the EP to decide if is should waive or defend his immunity from prosecution
This is not the full judgement, but will inform the full judgement, expected later; this will be seen as an important achievement for the Catalan movement. Two other MEPs, Carles Puigdemont and Toni Comín, have also taken legal action on the immunity issue
