Oriol Junqueras, who won a seat as an MEP in May's election, has asked for the Supreme Court to "suspend" the sentence expected to be handed down against him and other pro-independence leaders in the next few weeks until the Court of Justice of the European Union (CJEU) has resolved on its preliminary question on the extent of MEP immunity.
In the filing, which El Nacional has seen, defence counsel argue that the upcoming decision from the European Court not only affects his appeal against denying him permission to attend the ceremony to swear allegiance to the Spanish Constitution, which the Electoral Commission says is a prerequisite to being confirmed as an MEP, but also affects "the principal litigation", namely the case following the 2017 independence push which has kept him in provisional detention for almost two years. If the Supreme Court rejects this application, Junqueras' lawyer, Andreu Van den Eynde, asks they at least inform the court in Luxembourg and the parties involved of their verdict "as soon as possible".
"It's very important for the correct implementation of the CJEU's decision" to consider such a suspension, the lawyers argue. Van den Eynde notes that it's formally a separate case, a split he disagrees with, but that nonetheless the CJEU's conclusion could have "clear legal relevance" on the main case. He is also careful to state that this isn't an attempt to acquire information on the Supreme Court's deliberations.