The Advocate General of the European Union has proposed that the European Court of Justice dismiss the legal challenges presented by former Catalan leaders Carles Puigdemont and Clara Ponsatí. This recommendation arises as the two former Members of the European Parliament are no longer serving, having seen their mandates expire. The decision impacts ongoing appeals against a July twenty-twenty-three ruling from the General Court of the EU that upheld the European Parliament’s removal of their immunity.

The Advocate General’s conclusions, while not binding, reflect the European Court’s trend of following similar recommendations in most cases. The issue relates to a March twenty-twenty-one ruling from the European Parliament, which suspended the parliamentary immunity of Puigdemont, Ponsatí, and Toni Comín, allowing for potential legal proceedings in Spain regarding their involvement in the independence movement.

While the Advocate General suggests dismissing Puigdemont and Ponsatí’s appeals, he acknowledges a different situation for Comín, who was re-elected in the June twenty-twenty-four European elections. However, he does not currently hold a seat due to not having adhered to constitutional requirements set by Spain’s Central Electoral Board. The Advocate General proposes that the European Court dismiss all allegations made by Comín in his appeal against the General Court’s earlier judgment.

In conclusion, the Advocate General asserts that the General Court did not err in its determination of the European Parliament’s actions concerning the rights of the applicants, nor did it fail in judging the impact of parliamentary decisions on fundamental rights. He further argues against the claim of ambiguity in the Parliament’s decisions, clarifying that immunity was suspended across all member states, save for Spain.