The defense of jailed Catalan leader Oriol Junqueras is preparing an appeal in the General Court of the European Union (EGC) against the decision of the European Parliament to exclude him as Member of the European Parliament (MEP). Precautionary measures will be required for the EGC to suspend the decision of David Sassoli, President of the Euro-Chamber, and the court will have to determine whether to accept it within a few hours after the appeal is presented.
The General Court of the European Union (EGC) is a constituent Court of Justice of the European Union (CJEU). It hears cases against institutions of the European Union by individuals and member states.
According to article 263 of the Treaty on the Functioning of the European Union (TFEU), any citizen can file an appeal against the acts of European institutions that directly affect him/her. The procedure for this appeal may take several months, but the precautionary measures will be pronounced immediately, a few hours after the petition has been registered. The EGC could accept or reject them. If they are accepted, the European Parliament will be obliged to recognize Junqueras as an MEP again.
The parallel route to the ECJ
In parallel with the appeal to the EGC, Junqueras’ defense will file an appeal against the Spanish Supreme Court’s decision to keep him in prison. If this move fails, Junqueras’ defense will appeal to the Spanish Constitutional Court for violation of his political and constitutional rights. The next and final step would be to appeal to the European Court of Human Rights (ECHR).