President Sassoli's intervention in plenary on the ruling of the European Court of Justice
Today the Court of Justice of the European Union has issued a sentence in case C-502/19, Junqueras Vies.
It is a very important ruling that directly affects the composition of this institution. It covers the assumption of the mandate of a member of the European Parliament and the protection of the correct functioning and independence of the Parliament. The Court ruled that the assumption of the parliamentary mandate results solely from the vote of citizens.
The Court has declared that a person whose election to the European Parliament has been officially proclaimed by the competent authority of the Member State, in which the aforementioned election took place, acquires the status of Member of Parliament from that moment. Therefore, they enjoy the immunities outlined in the protocol on the privileges and immunities of the European Union from the moment of the official announcement of the results. As a result, the status of Member of Parliament must be deemed to have been acquired by the mere fact and by the time of the aforementioned proclamation.
The Court also ruled that immunity implies that the precautionary custody measure to which the elected deputy was subjected must be revoked, in order to allow the deputy to go to the European Parliament and complete the necessary formalities to take up his role.
That said, in the event that the competent national authority considers that this measure should be maintained after the person in question has acquired the status of Member of the European Parliament, they must request the withdrawal of this immunity from the European Parliament as soon as possible, in accordance with the aforementioned protocol.
I appeal to the competent Spanish authorities and urge them to comply with this sentence from the Court of Justice of the European Union.
I have asked Parliament's services to evaluate as soon as possible the application of the effects of the judgment on the composition of Parliament.
I inform you that I will not accept references to the points of order on this subject.