Spain's Supreme Court has decided to refer to the European Court of Justice (ECJ) for a preliminary ruling on the extent of MEP immunity. Former Catalan vice-president Oriol Junqueras, who the court is keeping in jail without bail, was elected an MEP on 26th May, but the court didn't give him permission to attend the ceremony in the Congress to swear or promise to respect the Constitution, nor will it allow him to travel to Strasbourg to take his seat in the inaugural assembly.
The president of the Court of Justice of the EU, Koen Lenaerts, went on Friday to an event at the General Council of the Judiciary in Madrid which was also attended by the body's president, Carlos Lesmes, and the heads of some of the different chambers which make up the council.
Following its question to the European court, the court has suspended the appeal from Junqueras' defence team against the decision to deny him permission to attend the oath-taking ceremony in the Congress
The parties now have three days to file arguments on the submitting of the request for a preliminary ruling. The new European Parliament elected a month ago will be inaugurated next Tuesday in Strasbourg.
The courts of any member state can submit questions to the court for preliminary rulings if they have doubts about the interpretation or application of European law. If the court believes a case it has admitted to be urgent, it can follow a special procedure to give a ruling within two to four months. If the matter is particularly urgent, it can also offer a provisional ruling.