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NenaRussa I can only find rulings in the EU Court up to this one:
https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-12/cp190161en.pdf
Which gives Spain a loophole:
Finally, the Court held, in the third place, that the immunity as regards travel granted to every Member of the European Parliament entails lifting any measure of provisional detention imposed prior to the declaration of that Member’s election, in order to allow that person to travel to and take part in the inaugural session of the European Parliament. Consequently, if the competent national court considers that the measure should be maintained, it must as soon as possible request the European Parliament to waive that immunity, on the basis of the third paragraph of Article 9 of the Protocol.
Then I've been looking up if Spain actually used this clause.
I can only find newspaper articles where the Spanish Supreme court asked the EU-Court to give a clarification of the text that you find in the link.
I find newsarticles that say the Spanish court will not abide by the EUs descision. So I guess (cause I don't find annything about it) they will use the thing I quoted in some wayy or another?
What ever is going to happen, this all super fresh (politicaly and judically speaking). So at some point I'm guessing the EU will have to force Spain to either clarify their position and say why they won't abide OR use the paragraph I posted to clarify why Junqueras should not be granted the priveleges of his immunity. I guess that will be another chapter to this entire process that will come soon (either this month or the next). Unless you have found some document from the EU or Spain that shows that this already done? But I've been looking, and I've not found anny ... altough certain documents are in Spanish (and I'm not going to study Spanish right now).
As for fascism, Spain is trying to completely assimilate Catalonia into Spain, and denying us the rights to democracy and self government. They go after every leader we have and shut down every voice we have by every code in the book but will not listen to European Justice? Jailing somebody who won 1.3 million votes who has parliamentary immunity is nothing short of fascism, and it’s criminal for it to be overlooked.
This is such a weird argument to make.
Like... first of all, the term "fashist" here, really doesn't apply. In what way is the Spanish central governement talking about unifying the state and all it's functions in one big body ruled by some destined elite? Where is this happening? What fascist ideas are they pushing?
In 1978, Spain got a constitution tough which the entire country agreed with.
http://www.congreso.es/portal/page/portal/Congreso/Congreso/Hist_Normas/Norm/const_espa_texto_ingles_0.pdf
On page 10 (not even that far in) you can read section II:
Section 2
The Constitution is based on the indissoluble unity of the Spanish Nation, the common and indivisible homeland of all Spaniards; it recognises and guarantees the right to selfgovernment of the nationalities and regions of which it is composed and the solidarity among them all.
So Spain uses this legal document to stop those that advocate for seperatism. Which is kinda what you would accept from Spain as a whole, since it wants to protect it's borders and it's sovereignity as a unit. However, Spain recognises the nationalities and the regions who get some form of self governement.
Change “EU” to ‘Spain’ and “membership states” to ‘Catalonia.’
Do you see the problem?
Why would I even do that? Do you think that the relationship of the EU with it's memberstates is the same relationships that spain and Catalonia have. That's a bizar sort of reasoning, since every memberstate of the EU still holds it's own sovereign rights except for those that they decided to give to the EU.
Spain is the sovereign state and it recognises that diffrent nationalities and regions need some independence. So they have gradually given more independence to the regions since Spains' conception. But Spain isn't a federation neither is it a supra-national concept. It's just a sovereign state that has it's own form of governing in which it allows regions to have a high dosis of independence. This independence is not the same as being your own sovereign.
(for as far as I read, it because 132 pages is way longer then the constitutions I've been skimming over in the last couple of days).
That was over 2 years ago, when they were using riot police to beat people who tried to enter the poll stations and shoot them with rubber bullets, and the streets were war zones. Lots of people, including me did not support full independence at the time but since 2017 a lot has happened.
I'm totally in agreement with this one. It's kinda frustrating to see governements do this, and I consider it highly injust even tough Spain protects their constitution and sovereignity. I think you can make good causes about why using violence of these measures broke ideas like "proportionality" (to say the least).
I also recognise that Spain with it's ultra-conservative dictatorship that held up for quite a long time has a troubled past. And that these ideas still linger and manifest. The 1970s aren't that long ago. However, because this excists, that doesn't make it fascist or a dictatorship for that matter.
That is separate from this issue, which is Spain jailing an elected Catalan government official with parliamentary immunity from the EU. You call that democratic values?
But I have hard time placing the blame soley on Spain, when a seperatist movement goes against the constitution of the country they want to seperate from. It's just the fact that you do something that goes against the rules, that the arbiter of the rules (the sovereign) protects it's rights. Which were also written in the constitution. So maybe if you want to seperate from Spain in a pure democratic fashion (if you really want to talk about democracy) you should get a majority in the Spanish parliament and try to change the constitution so that Section II on page 10 gets changed. If you don't do that, you place yourself outside of the constitution with your practise and your nation sets a step towards revolution.
Not sure if this makes sense, but that's what I got from it so far.