The Constitutional Court has rejected the appeal of ERC leader Oriol Junqueras against the decision of the Central Electoral Board (JEC) that denied him the possibility of acquiring the full status of MEP by any system other than his personal appearance to meet the requirement of oath or promise to comply with the Constitution. Junqueras claimed the possibility of receiving his minutes as an MEP without the need for this procedure, which required his physical presence in Congress, headquarters of the aforementioned Board. The court, however, has not gone into the underlying question—whether such attendance was obligatory or not—and has rejected the request for protection, considering that the interested party had already been recognized and proclaimed as an MEP by the European Parliament itself without would have complied with said requirement of personal appearance and oath or promise of the Constitution.
The ruling – of which Judge Laura Díez has been the speaker – applies to this case a solution similar to that given to a previous request for protection made in the same sense by the leader of Junts, Carles Puigdemont. As was done in the case of the former president of the Generalitat, the court has taken into account in the Junqueras case that the European Parliament accepted the election of the ERC leader as a parliamentarian in its plenary session on January 13, 2020, with retroactive effects. at the beginning of the legislature. This recognition is what meant that, de facto, the requirement of receiving the minutes at the headquarters of the Electoral Board was no longer mandatory.
The court reasons in its ruling that “this circumstance, after the contested agreement of the Central Electoral Board but prior to the presentation of the request for protection, implies an extra-procedural satisfaction of the core claim of the appeal, that is, access to the status of parliamentarian. European”. The Constitutional Court, therefore, considers it unnecessary to go into the substance of the matter, because “the circumstance exposed has led to the extinction of the object of the main claim for protection”, given that Junqueras was recognized as a MEP by the European Chamber itself, which was not He demanded another condition than the certification of his election. All of this explains why his appeal is rejected, without it being clear for the future whether in a similar case the Electoral Board will be able to reiterate its demand for personal presence and swearing of the Constitution to collect the corresponding record.
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