The European Court continues to review the case regarding the removal of immunity from former Members of the European Parliament Carles Puigdemont and Clara Ponsatí. The Advocate General of the court has suggested dismissing their complaint, which was filed following the Luxembourg judges’ decision in the summer of 2023.
Puigdemont and Ponsatí, who previously held key positions in the Catalan government, contested the lifting of their parliamentary immunity. However, according to the court’s representative, after their terms ended in July 2024, when they chose not to run in the new elections, their interest in continuing the proceedings ceased.
At the same time, the situation with Toni Comín, who was re-elected to the European Parliament in 2024, is different. Despite his electoral victory, he has not yet been able to take office due to decisions by the Supreme Court of Spain and the Central Electoral Commission. His mandate is temporarily considered vacant as Comín did not appear in Congress to take the oath of allegiance to the Constitution.
The Advocate General noted that Comín still has an interest in continuing the proceedings, as his status as a Member of Parliament remains unresolved. The conclusion emphasizes that the Advocate General’s opinion is not binding on the judges but often anticipates the final decision.
The final verdict in the case is expected to be delivered in the coming months. This process is drawing attention not only in Spain but also in other EU countries, as it raises questions about the status of deputies and their rights after their term ends.
