EU court overturns European Parliament's 2021 decision to strip Puigdemont, Comín, and Ponsatí of immunity

The Court of Justice of the European Union (CJEU) has annulled the European Parliament's March 2021 decision to lift the parliamentary immunity of former Junts MEPs Carles Puigdemont, Toni Comín, and Clara Ponsatí.

The Luxembourg-based court sided with the three Catalan pro-independence figures on Thursday, contradicting the opinion of CJEU Advocate General Maciej Szpunar.

Last September he supported the European Parliament's removal of the MEPs' parliamentary protection at the request of Spain's Supreme Court, which sought to try them for sedition, misuse of public funds, and disobedience in connection with the 2017 independence referendum.

The court ruled that the rapporteur handling the immunity requests could be perceived as lacking impartiality.

In practical terms, the decision has limited impact, as none of the three are currently MEPs. Comín was re-elected in 2024 but was unable to take up his seat.

The CJEU questioned the impartiality of the European Parliament's process because the rapporteur, Bulgarian MEP Angel Dzhambazki, belonged to the European Conservatives and Reformists group, which included Vox at the time, who were leading proceedings against the three former Junts MEPs.

The case dates back to 2020, when the Spanish Supreme Court asked the European Parliament to lift the immunity of the three Catalan politicians as part of Spain's third attempt to extradite them while they were residing in Belgium.

The process was politically charged and closely followed by the media, as the immunity withdrawal was a key step toward the potential extradition of former Catalan president Puigdemont.

The CJEU's ruling on Thursday overturns a ruling from the General Court of the EU (GCEU) on July 5, 2023.

Most CJEU rulings typically follow the advocate general's advice, making Thursday's decision unusual.

Ponsatí returned to Catalonia in March 2023 after the reform of Spain's criminal code abolished the charge of sedition. Puigdemont and Comín remain living in exile, without arrest warrants still in force, despite the 2024 amnesty law.