Carles Puigdemont is currently in his final days as a Member of the European Parliament, with his sights set on the upcoming Catalan elections where he hopes to once again lead the Generalitat. However, his tumultuous political career in Europe, filled with legal challenges, continues to have repercussions. Despite the fact that his time in Brussels is coming to a close, a legal advisor to the Court of Justice of the EU (CJEU) has given him a boost by suggesting that the decision to deny him and Toni Comín access to their seats in July 2019 was a mistake. This opinion is not binding, but it typically indicates the direction the European court may lean in when making a final decision. According to the advisor, the former President of the European Parliament, Antonio Tajani, “questioned the officially proclaimed electoral results” by denying Puigdemont and Comín access to the legislative bodies of the EU.
This latest opinion from the CJEU advisor contradicts the initial decision from the General Court of the EU (TGUE) in July 2022, when they deemed Puigdemont and Comín’s appeal against Tajani’s decision inadmissible, stating that the former President of the European Parliament had simply taken note of their legal situation. Both politicians appealed this decision, and the favorable opinion from the CJEU advisor marks an early victory for the Catalan independence movement. Puigdemont and Comín’s time in the European Parliament has been filled with challenges since their election in the 2019 European elections. Just before the start of the legislature, Tajani refused to recognize them as MEPs, stating that he could not treat them as future members of the European Parliament since their names did not appear on the officially notified list of elected candidates from Spanish authorities (they would later take their seats six months later).
The reason for this denial was that while Puigdemont and Comín’s names appeared on the list of elected Spanish candidates for the European Parliament issued by the Central Electoral Commission on June 13, their names were missing from the notification sent by the Spanish electoral body to Brussels four days later. The Electoral Commission concluded that they could not be MEPs as they had not personally sworn allegiance to the Constitution in the Spanish Congress, as required by law to avoid arrest upon entering Spanish territory. Consequently, Tajani informed the two individuals by letter on June 27, 2019, that he could not accept them as MEPs under these circumstances. It seemed that their names were not on the officially communicated list of elected MEPs. Therefore, until further notification from the Spanish authorities, he was unable to treat them as future members of the European Parliament.
Puigdemont and Comín are now seeking re-election as MEPs in Brussels, with Puigdemont recently being nominated as the lead candidate for Junts. Despite the challenges they faced in the previous legislature, they are determined to continue their political journey in Brussels. The support from the CJEU advisor’s opinion gives them hope for a positive outcome in their legal battle. As Puigdemont prepares to transition back to Catalan politics for the upcoming elections, the legal proceedings in Europe continue to be a lingering issue. The decision from the CJEU on this matter will not only impact Puigdemont and Comín’s political future but could also have broader implications for the role of MEPs and the relationship between the EU and its member states.
