MEP Clara Ponsatí's defence reminded Spain's Supreme Court that the Catalan minister in exile still has immunity in Scotland. In an appeal submitted to the Spanish court, Ponsatí's defence points out that the Brexit agreement establishes a transition period through which MEPs can continue to enjoy immunity in British territory.
The appeal questions whether Brexit Article 127 on the Withdrawal Agreement "is to be interpreted in the sense that, during the transitional period provided for in Article 126 of the Agreement, MEPs enjoy the immunities recognized in Article 9 of Protocol No.7 on the Privileges and Immunities of the European Union".
Ponsatí's defence responds in this way to the petition expressed by Pablo Llarena, judge of the case against the Catalan independence process, for the British justice to continue the European Arrest Warrant process against her. Llarena argues that Ponsatí she is no longer covered in the UK by that immunity because of Brexit.
The defense admits feeling embarrassed about having to lodge this appeal, as they argue "it was only necessary to read Article 185 of the Withdrawal Agreement to realize that" immunity will be lost once the Brexit transition period ends, which is scheduled for December 31st this year.
Ponsatí's defence informs the Spanish Supreme Court that if Llarena persists in his will to continue with Ponsatí's extradition despite reading "carefully the Withdrawal Agreement, the question would be brought to the European Court of Justice (ECJ) so that this court confirms what is obvious: that Article 9 of Protocol No. 7 is applicable in the territory of the United Kingdom during the transitional period."
Scottish justice overrules judge Llarena
Despite this appeal, Scottish justice already seems to have made a decision on this issue, since it did not oppose Ponsatí's travelling to Brussels to receive her provisional accreditation as MEP. Ponsatí left the UK one day after Llarena sent his petition and despite his will "to prevent her from travelling to another country."