The European Court of Justice (ECJ) has backed former European Parliament (EP) president Antonio Tajani’s decision not to recognise Catalan separatist leader Carles Puigdemont as an MEP.
Puigdemont, along with fellow independence leader Antonio Comín, was denied a seat after refusing to take an oath to the Spanish constitution.
Despite winning their seats in the 2019 EP elections, Puigdemont and Comín were disqualified from assuming their positions because they did not complete the required process of pledging allegiance to Spain’s constitution.
This procedure, which is normally conducted in person in Madrid, is a key requirement under Spanish law for elected officials before taking office in the European Parliament. Both leaders have lived in self-imposed exile since 2017 to avoid prosecution in Spain, following their failed bid to declare Catalonia independent.
Puigdemont and Comín have long argued that their election to the EP granted them immunity from prosecution and that Tajani’s refusal to recognise their status violated European Union rules. However, the ECJ ruled that Tajani “merely did what he was required to do” by following the official list of elected MEPs provided by Spain’s Central Electoral Commission. The court emphasised that Tajani could not deviate from this list because it was not within his powers to verify its accuracy.
In July, Spain’s Supreme Court upheld arrest warrants against Puigdemont, Comín, and other separatists involved in the 2017 independence attempt, citing charges of embezzlement. This new legal defeat could increase pressure for their extradition to Spain.
The decision also casts doubt on Comín’s immediate political future. Although he was re-elected to the EP in 2024, he has been unable to take his seat due to the ongoing legal proceedings. Parliamentary sources told Euronews that legal services are now analysing the ECJ ruling before taking further steps regarding Comín’s status.
For Puigdemont, the ruling is a continuation of a long legal battle that began after Catalonia’s illegal independence referendum in 2017. Following the declaration of independence by the Catalan parliament, Spain’s government moved swiftly to block the region’s secession, leading Puigdemont and several of his colleagues to flee the country. While they have continued to advocate for Catalan independence from abroad, this latest ruling significantly undermines their political standing within the EU.
The Catalan separatist party Junts, to which both Puigdemont and Comín belong, expressed disappointment with the ruling but pledged to continue fighting for the rights of their elected officials. “We will continue fighting and persisting on every front,” said Jordi Turull, the party’s secretary-general.
