Catalan Separatist Leaders Stripped of Parliamentary Immunity

The chambers of the European Parliament voted to strip three MEPs of immunity on March 9. (Wikimedia)

The European Parliament voted to revoke immunity from three Catalan Members of the European Parliament (MEPs), Carles Puigdemont, Toni Comín, and Clara Ponsatí, on March 9. The Spanish government has accused Puigdemont, Comín, and Ponsatí of sedition due to their roles in orchestrating a Catalan independence referendum on October 1, 2017. Puigdemont and Comín also face charges for the alleged misuse of public funds. 

Catalonia, a region of northeastern Spain, was semi-autonomous for decades, with its own language, parliament, and flag. A court ruling reduced Catalonian autonomy in 2010, striking down several laws, including ones that had granted regional power over the justice system. After the ruling, Catalonian separatism grew, culminating in an independence referendum. The referendum passed with 90 percent of voters supporting independence, though only 43 percent of eligible voters cast a ballot. Spain declared the referendum unconstitutional and ordered a police crackdown, which injured hundreds. Puigdemont, Comín, and Ponsatí subsequently fled to Belgium, where they currently reside. 

Spain has attempted to extradite the MEPs several times since the referendum, but they had immunity until March 9 by virtue of their positions in the European Parliament. The vote to waive their immunity, which passed 400 to 248 with 45 abstentions, allows Belgium to consider extraditing the three former Catalan leaders to face charges in Spain.

Ahead of the vote, the Committee of Legal Affairs of the European Parliament asked MEPs to cast their votes not as an assessment of the validity of the charges, but as an assessment of whether or not Spain issued the charges to interfere with the work of the Parliament.

Puigdemont condemned the decision to revoke his immunity in a statement to the Parliament immediately following the vote: “It is a sad day for the European Parliament. We have lost our immunity, but the European Parliament has lost more than that… European democracy too. This is a clear case of political prosecution.”

He continued to express disapproval on Twitter, writing, “The future of Europe is uncertain if it depends on the will of states and major political parties. Without respect for minorities, without diversity and with patriotic justice installed in some member states, the future of the EU is less democratic and less inspiring than ever.”

The Spanish government praised the results of the vote. Minister of Foreign Affairs Arancha González Laya called it a “very clear signal that the problems of Catalonia will not be solved in Europe or by Europe; they have to be solved in Spain.” 

Though Belgium can now extradite the MEPs, Belgian courts have indicated that they will likely not do so. In February, a Belgian court rejected Spain’s request to extradite Lluís Puig, another former Catalan parliamentarian, claiming that Spain’s Supreme Court does not have the ability to issue an EU arrest warrant. The court also expressed concern that the Spanish justice system might not presume Puig’s innocence, violating his basic rights. Since prosecutors have not appealed the decision, the ruling has set a precedent that may protect Puigdemont, Comín, and Ponsatí from extradition.

Since 2017, Catalan separatism has only increased. Separatist parties gained four more seats in February’s local elections, signaling that tensions between the national government and the region’s parliament will continue to simmer.