Toni Comín demanded very careful measures from the CJEU so that the European Parliament recognizes him as a deputy European elections 2024 | the news

Tony Comyn and Puigdemont
Left, elected MEP, Tony Comyn, with Carles Puigdemont.David Borat (EFE)

Tony Comyn, the MEP elected by the Junts per Catalunya, has introduced that this Thursday he’ll current a case by which he’ll ask the Courtroom of Justice of the European Union (CJEU) to take excessive precautionary measures to drive the President of the European Parliament to acknowledge him. A deputy within the structure of the brand new European Parliament subsequent week. The declare was introduced by Comin himself, who has criticized Maltese conservative Roberta Metsola, who presides over parliament and determined to depart the seat vacant for the Catalan politician who fled Spanish justice every week in the past. Metsola took the choice after the Central Electoral Board refused to grant Komin, who was not current on the inauguration of the Congress of Deputies, the MEP certificates for this legislature.

Comín’s declare relies, as he himself defined, on the judgment of the CJEU that dominated in December 2019 that MEPs are MEPs for the reason that outcomes are “formally introduced (…) due to this fact members of the European Parliament. The ruling was impressed by a case of Oriol Junckers, who was additionally elected MEP within the 2019 European elections as a result of he was unable to take workplace as a result of his imprisonment. Regardless of that rule and actuality Comín seems within the official listing of elected deputies printed within the BOEThe Spanish Central Electoral Board determined to not grant him MEP credentials.

The fugitive politician has proven himself to be very assured that the CJEU will hear his declare and that he’ll be capable of take his seat and proceed as an MEP for one more 5 years. Their confidence relies on the Junckers judgment and the truth that the CJEU is the courtroom that has to determine and never the Basic Courtroom of the EU (TGEU), the judicial physique of first occasion of the Group establishments. The MEP has not but specified a timeframe by which he expects the judges to resolve his claims.

Though the CJEU has not but joined Comín’s request, on September 26 the thriller might be solved. That day the judiciary introduced that it might situation a ruling on a case it and Puigdemont filed in 2019 towards an identical choice by the then president of the European Parliament, Antonio Tajani. That criticism was rejected by the TGUE in June 2022.

Comyn and Puigdemont appealed towards that call and the ultimate ruling, which coincided with the CJEU, remains to be pending. That’s what the European Parliament now expects, in keeping with sources near the establishment when it was introduced that Metsola has determined to maintain Commons’ seat vacant for now.

The Advocate Basic of the CJEU has already issued his conclusion on the case and it is vitally strict with the 2022 judgment of the Basic Courtroom. Lawyer Maciej Szpuner bases virtually all of his arguments on the judgment within the Junckers case: “Whereas it’s true that parliamentary immunity is concentrated on, all of the arguments that led the Courtroom of Justice to the answer adopted there Member of Parliament“, he defined, earlier than recalling that “it was exactly this situation that the Spanish authorities tried to disclaim the appellant in the principle dispute of the case which gave rise to the mentioned judgment and which the trial courtroom confirmed that he had obtained from the courtroom. for the mere reality of the second and the official announcement of the election outcomes.”

The Advocate Basic’s conclusions normally set the course for sentences which are subsequently handed down by the CJEU. Usually in 80% of circumstances the opinion of this European authorized physique coincides with the magistrates.

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