| Abstrakt: |
Abstract: Since 2017 there have been criminal proceedings underway against Catalan separatist who have since been sentenced. Taking into consideration that a vast majority of the sentenced separatist served as high-ranking officials in constitutional bodies or in bodies of international organizations, the proceeding gave cause to various legally controversial questions. One of the affairs, that merit due attention, is the election of arrested MEPs-elect. The following text analyses the opinion of Advocate General and Judgment of the Court of Justice of the European Union in the case C-502/19 in which the Court had to decide whether a MEPelect enjoys immunity according to the Protocol on the Privileges and Immunities of the European Communities. The precise moment in which MEPs gain their mandate was also subject to evaluation. The text also aims to shed light on the reactions of affected Spanish state bodies and EU institutions. Some of the arguments that the Court of Justice and Advocate General uttered in order to build a theoretical framework for their decisions are being scrutinized in this essay. In particular, the approach to the mandate of members of the European Parliament in the jurisprudence of the Court of Justice. The jurisprudence of the Court of Justice on permissibility of constitutive conditions laid down by member states required to gain the mandate of MEP is also examined. |
