Why is the date before Kings key for the investiture? The negotiations for the formation of the Government took an unexpected turn this Saturday, when the slogan of reaching an agreement before the feast of the Three Kings came out of the Congress of the Republican Left.
Oriol Junqueras’s men condition him to the fact that the allegations that the State Attorney’s Office must present in the next few hours regarding the ruling of the Court of Justice of the European Union (CJEU) are favorable to this ruling.
As is known, the Court ruled that and, therefore, the Spanish Supreme Court should not have prevented him from going to collect his act as a European parliamentarian.
The State Advocacy must present arguments on this sentence, which changes European Jurisprudence, since it establishes that the status of MEP is acquired without taking into account the circumstances due to national political circumstances, as was the case until now.
In the Spanish case, the legislation requires that before taking the act of MEP the Constitution be sworn, something that neither Junqueras nor Puigdemont have ever done.
Basically, what they ask in ERC is that the Lawyers renounce presenting allegations to try to change the meaning of the European sentence. And everything indicates that it will be so, because Vice President Carmen Calvo already announced this weekend that the European sentences are “mandatory compliance by the Spanish courts.” Words that were later endorsed by the Minister of the Interior, Fernando Grande Marlaska.
Why is it so important for ERC that the Spanish State does not question the CJEU? Because after Reyes the Supreme Court must rule on the appeals on the Junqueras prison.
The State Advocacy had affirmed that even if the European justice granted him immunity, it would not affect Junqueras, because there was a final sentence from the Supreme Court, which sentenced him to 13 years in prison.
If the State Attorney’s Office now changes its criteria, the door is open to questioning the Supreme Court’s ruling, since it was issued on October 14, two months after Junqueras was elected MEP.
Junqueras’s lawyers, because they consider that Junqueras’s immunity changes everything, since the Supreme Court should have asked the European Parliament for permission to judge him.
With a favorable opinion from the Lawyers, and with the Prosecutor’s Office also neutralized, the Supreme Court could, at least, facilitate the granting of the third degree or the open regime, which would allow him to be released from prison on a daily basis in semi-liberty.
ERC against Puigdemont
With Junqueras on the streets, ERC feels strong enough to stand up to Puigdemont, who plans to advance the elections as soon as Quim Torra’s disqualification from remaining at the helm of the Generalitat takes effect.
ERC does not renounce the call for a referendum on the independence of Catalonia either, but its negotiation with the State is not requested immediately, if not throughout the legislature.
The other condition would be the opening of a negotiating table between equals between the State and Catalonia to determine the future relationship, which Calvo already takes for granted. As can be seen, they are all very dangerous steps that lead towards the disintegration of Spain.
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