The Constitutional Court has rejected an appeal for protection by former Vice President of the Catalan government and leader of the ERC party, Oriol Junqueras, in a ruling that denies that the Central Electoral Board and the Supreme Court treated him unfairly compared to former President of the Generalitat and leader of Junts, Carles Puigdemont. Junqueras had challenged a resolution from the Supreme Court that upheld several decisions of the Central Electoral Board that stripped him of his seat as a Member of the European Parliament, while Puigdemont and former Catalan councilor Toni Comín, both fugitives from justice since 2017, were allowed to keep their seats by decision of the European Parliament. The decision to remove Junqueras from his seat was made in January 2020, three months after he began serving a 13-year prison sentence handed down by the Supreme Court in the case involving the Catalan independence referendum, for charges of sedition and misuse of public funds. The Central Electoral Board argued that, as he had been convicted, Junqueras was subject to the electoral law’s disqualification from holding office. This decision was upheld by the Third Chamber of the Supreme Court (Administrative Litigation), and Junqueras then appealed to the Constitutional Court.
The Constitutional Court denies that Junqueras was discriminated against compared to Puigdemont, as it considers that there is no valid comparison between them. The Court explains that Junqueras did not argue the alleged discriminatory treatment he claims to have suffered, and highlights that Puigdemont and Comín “have not even been tried in the aforementioned case” – the Catalan independence referendum case – “as they have placed themselves beyond the reach of Spanish justice.” Therefore, the Court adds, since they have not been tried or convicted, the provision of disqualification for conviction set out in the electoral law could not be applied to them, “as is the case” with Junqueras. The ruling was approved unanimously and was written by Justice Ricardo Enríquez, from the conservative sector of the Court.
The Court also rejects other rights violations alleged in Junqueras’ appeal. It dismisses the argument that his right to effective judicial protection was violated by the Supreme Court allowing the participation of the People’s Party and Vox in the proceedings. It also denies that his right to political participation was violated by his removal from office. Furthermore, the Court determines that, contrary to Junqueras’ claims, the case did not concern European Union law. In this regard, the Constitutional Court cites two rulings – one from the EU General Court and the other from the EU Court of Justice – “rejecting similar claims by the appellant.”
Overall, the Constitutional Court’s ruling upholds the decision to remove Junqueras from his seat as a Member of the European Parliament due to his criminal conviction in relation to the Catalan independence referendum, while maintaining that there was no discriminatory treatment compared to Puigdemont and Comín. The Court also dismisses other rights violations alleged by Junqueras and asserts that the European Union law was not applicable to the case. This ruling settles the legal challenge brought by Junqueras against his disqualification, marking a definitive decision in a long-standing legal dispute surrounding the aftermath of the Catalan independence referendum and the actions of its leaders.
