Catalan Leaders: How Does the Mechanism to Withdraw MEPs’ Immunity Work?

The ruling of the EU Court of Justice on Junqueras’ immunity last week caused a political earthquake in Spain. The ruling, which is binding, stated that all candidates become members of the European Parliament (MEPs) and have immunity at the very same moment the results of the European elections are published by national authorities of each state member. This decision means Junqueras should be released immediately and his judgment on the 2017 independence referendum annulled and that exiled Catalan leaders Carles Puigdemont and Toni Comín can no longer be extradited nor detained in the euro-zone.

There is however a mechanism that the Spanish Supreme Court could activate if it still wants to prosecute the Catalan leaders, the supplicatory which is based in asking the European Parliament to withdraw the Catalan leaders’ immunity. This procedure, which lasts for several months, would internationalize the Catalan cause to levels never before seen. It would be like a trial on the Spanish Supreme Court, which would provide relevant evidence, clarification and information on the situation of Catalan exiles, as well as the Catalan conflict.

Supplicatory Mechanism

According to Article 9 of the EU Parliament regulations, the competent authority of a Member State, that is, the Supreme Court, can request the President of the European Parliament a petition to suspend a MEP’s immunity. If accepted it is transferred to the legal affairs committee of the Parliament.

There are no deadlines to resolve these sorts of cases, though EU regulation specifies it should be done “as soon as possible.” The legal affairs committee has to issue a recommendation after analyzing the specific case that will eventually be voted on by the plenary.

During this process, the EU Parliament could ask the Spanish Supreme Court “for all information and clarifications it deems necessary to form a criteria” as to whether or not immunity is needed. The MEPs affected, in this case, Junqueras, Comín and Puigdemont, could also take part in the commission to provide further information and defend themselves. The rest of the sessions would be behind closed doors.

Once the committee elevates a proposal to the plenary, it would be debated and voted on during the next EU Parliament plenary session. No amendments could be tabled, but the plenary would have to discuss publicly the reasons for and against the decision rendered on the petition. The Catalan cause and the judgment on the 2017 independence referendum would have extraordinary international visibility.

If the Plenary finally agrees on withdrawing the immunity of the Catalan leaders, the President of the Chamber would notify the Spanish Supreme Court. This, however, doesn’t mean that they would lose their credentials as MEPs, but that the EU chamber allows three of its members to be tried in a country that claims jurisdiction over them. The Spanish Supreme Court would then need to get their extradition; otherwise, the whole procedure to revoke the Catalan leaders’ immunity would have been useless. 

2020 Catalan Budget to Drop Taxes on Lowest Incomes and Raise them for Higher Earners

The Catalan government (JxCat-ERC) and Catalunya en Comú Podem have reached an agreement on the 2020 Catalan budget on the part of the spending plans relating to income. The agreement includes drop in income tax for people on the lowest wages, and an increase for those on higher incomes. The inheritance and wealth taxes will also be modified, and a new tax on energy companies will also be introduced.

Income Tax

The deal establishes that taxes on the lowest earners will drop significantly. Almost half of the salary of those earning less than €12,450 a year will be exempt from income tax.

Those on higher incomes, however, will pay more: those earning between €90,000 and €120,000 a year will pay 23.5%, while those earning between €120,001 and €175,000 will pay 24.5%.

These measures will provide an extra 543 million euros a year to the income for the Catalan government.

Inheritance tax

Except when it comes from a spouse and when the inherited amount doesn’t reach €500,000, the discounts in the tax will now be lowered progressively as the amount inherited increases. Thus the discount will be 60% for those inheriting up to €100,000, and no discounts will apply for those receiving more than €3 million. 

New ‘green’ tax

This tax will affect power companies producing, distributing and storing energy, but those operating with renewable energies will be exempt.

Other taxes will be payable by owners of empty flats and producing canned sugary drinks to reduce the consumption of such soft drinks.

The Catalan government-Catalunya en Comú Podem agreement is only for the part of the budget relating to income. Both sides will continue to hold talks in the coming days and weeks, in order to try to find consensus on the budget’s section on spending.

The New Governing Body of the High Court of Justice of Catalonia (TSJC) Becomes More Conservative

The new governing body of the High Court of Justice of Catalonia (TSJC) has become more conservative. This happened when the Conservative Professional Association of the Magistracy (APM) won the November 26th elections to the High Court by obtaining six of the seven positions at stake.

The conservative association achieved the control of the Government Chamber with a total of 524 votes cast, the APM celebrated it with a message which emphasized that its “commitment is firm in the defense of the professional interests of peers and the rule of law.”

The new magistrates that enter the plenary of the TSJC and took office on Tuesday are Maria Eugènia Alegret Burgués, Patricia Brotons Carrasco, Juan Francisco Garnica Martín, Elena Campos Martín, Patricia Batlle Ferrando, Joaquín Elias Gadea Francés and Montserrat Comas de Argemir Cendra. Their mandate will last for 5 years.

The new composition makes the TSJC more conservative. Only one progressive magistrate, Montserrat Comas, of Judges for Democracy was elected. The rest of the magistrates are part of the APM.

The body is formed of 15 members: the president of the TSJC, the presidents of the social section and the contentious administrative section of the TSJC, the presidents of the four provincial gatherings and the jury dean of Barcelona. The other 7 members are elected, directly by judges and magistrates, and renewed every 5 years.

In this regard, the President of the TSJC, Jesús Maria Barrientos, admitted that “the system of assignment of positions can suggest the need for some correction that provides for a better reflection of the plurality of the race,” referring to the members that are not voted, but designated by law.

In a speech almost entirely in Spanish, Barrientos criticized the pro-independence movement for what he considers “a criminal” process executed by leaders seeking independence. Barrientos also thanked all the judges and magistrates in Catalonia for their commitment to “being responsible for the management of an adverse environment at various levels, and also at the constitutional level overcoming difficulties with great generosity and a high institutional sense of worth.” 

The Spanish National Police Followed and Spied on Catalan President Torra During Election Day on November 10

Catalan President Quim Torra was followed by Spanish police officers during the election day on November 10. In an exclusive interview at eldiario.es earlier this week, it is explained how presidential security members found that several vehicles followed the President during the election day.

The officers of the Mossos (Catalan police) detected that a Citroën C4 with three men followed the President when he was on his way to vote. When they approached the car, the three men claimed to be officers of the Spanish National Police, showed their identifying badges and said: “We are here for the same thing.” This was confirmed by sources of Mossos (Catalan police) at eldiario.es.

Upon returning from voting, the president’s escorts took an unusual itinerary because Torra had a personal visit to make; when suddenly, a Peugeot 308 which had ignored a traffic light was detected and stopped. The occupants identified themselves as Spanish police officers. When the presidential escorts asked them if they were following the president, they responded: “Oh, no. We, aren’t!” The escorts estimate that this Peugeot 308 followed them for 10 minutes over a stretch of 1.7 kilometers. The rest of the day no other suspect vehicles were detected.

The presidential security team reported these incidents through the channels of internal communication to the Barcelona-based Security Coordination Center (CECOR), the Coordination Center integrated by Mossos, the National Police and the Civil Guard.

The Interior Ministry Version

Sources from the Ministry of Interior deny any trailing of Torra. “No national police followed Torra, either that day or any other.”

The detection of police officers watching Torra has surprised his security team as it does not appear that the President has opened any other investigation against him, beyond the two already known for disobedience, which does not require surveillance or any other type of proceedings from the judicial police.

The Spanish Chamber’s Permanent Deputation Approves a Controversial Digital Decree

On Wednesday, the Spanish chamber’s Permanent Deputation approved the controversial digital decree, which grants the Spanish government the possibility of “shutting down” the Internet and intervening on servers and social media platforms without a court order in the case of exceptional circumstances: “public order, public safety and national security.” The decree was approved with the favorable votes of the Spanish “Socialist” party (PSOE), Popular Party (PP), Ciudadanos (C’s) and the abstention of Unidas Podemos (UP).

Spanish acting PM Pedro Sánchez promoted the decree as a response to coordinated actions by the civil disobedience platform Tsunami Democràtic in the aftermath of the judgment of the Supreme Court in the case of the Catalan leaders jailed over the 2017 independence referendum. The decree; however, will also affect the rest of the Spanish state.

ERC and JxCat accused PSOE of promoting a “totalitarian” measure such as those implemented in countries like China, Saudi Arabia or Turkey.

MP Montse Bassa (ERC) warned that her group will bring this measure to European Courts and criticized “the repressive strategy of the PSOE.” Bassa also accused the Spanish State of chasing “political dissidence” and freedom of expression with an “arbitrary system that allows censorship and coercion of rights and freedoms.”

MP Laura Borràs (JxCat) denounced that the decree is a “digital coup” and accused the State of being “technophobic […] the Spanish State will have nothing to envy authoritarian states in the matter of the Internet.” Borràs also warned that the Catalan government would take the decree-law to the Spanish Constitutional Court due to the fact that the initiative “is a serious misuse of power.”

The pro-independence party CUP also denounced the approval of the decree. The anticapitalists criticized Unidas Podemos and Catalunya en Comú Podem for negotiating the coalition government with PSOE without any democratic conditions, such as abolishing the Mordassa law or modifying the digital decree. “It is nothing more than a continuation of the repressive actions of the Spanish state against dissidence.”

The approval and enforcement of the digital decree comes at a moment when Pedro Sánchez is negotiating his investiture with the pro-independence parties ERC and JxCat.