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Order of the Vice-President of the Court of 8 October 2020

Order of the Vice-President of the Court of 8 October 2020

Data

Court
Court of Justice
Case date
8 oktober 2020

Verdict

Order of the Vice-President of the Court of 8 October 2020 – Junqueras i Vies v Parliament

(Case C‑201/20 P(R))

"(Appeal - Application for interim relief - Institutional law - Members of the European Parliament - Disqualification from holding office following a criminal conviction - Decision of the President of the European Parliament finding the seat to be vacant - Application for annulment - Fumus boni juris)"

European ParliamentVerification of members’ credentialsLimitsExercise taking note of the disqualification of a Member of Parliament from holding office as a result of the application of national lawParliament’s lack of competence to rule on the lawfulness of the national electoral procedures having regard to EU law

(Arts 5(1) and 13(2) TEU; Arts 258 and 267 TFEU; act concerning the election of the members of the European Parliament by direct universal suffrage, Art. 13(3); Rules of Procedure of the European Parliament, Art. 4(4), second para.)

(see paras 57-66)

Application for interim reliefSuspension of operation of a measureInterim measuresConditions for grantingPrima facie casePrima facie examination of the pleas in law put forward in support of the main actionAppeal against a decision of the Parliament to take note of the disqualification from holding office following a criminal convictionPrima facie examination of the pleas in law put forward in support of the main actionPleas prima facie lacking foundation

(Arts 278 and 279 TFEU; act concerning the election of the members of the European Parliament by direct universal suffrage, Art. 13(3))

(see paras 67, 68, 84, 96, 110, 120)

European ParliamentVerification of members’ credentialsLimitsExercise taking note of the disqualification of a Member of Parliament from holding office as a result of the application of national lawCompetence of the ParliamentReview of the material inaccuracy of the vacant seat and of the consent of the resigning MPConceptReview of an irregularity resulting from non-compliance with national or EU lawPrecluded

(Act concerning the election of the members of the European Parliament by direct universal suffrage, Art. 13(3); Rules of Procedure of the European Parliament, Art. 4(4) and (7))

(see paras 71-77, 119)

European ParliamentElectionsCompetence of the Member StatesElectoral procedure and official declaration of the electoral results

(Art. 6(1) TEU; Arts 258 and 267 TFEU; Charter of Fundamental Rights of the European Union, Arts 39 and 51(2); act concerning the election of the members of the European Parliament by direct universal suffrage, Art. 13(3))

(see paras 81, 82)

European ParliamentVerification of members’ credentialsLimitsExercise taking note of the disqualification of a Member of Parliament from holding office as a result of the application of national lawRights of defenceObligation to hear the interested party before finding the seat to be vacantNone

(Charter of Fundamental Rights of the European Union, Art. 41(2))

(see paras 91-95)

Application for interim reliefSuspension of operation of a measureInterim measuresConditions for grantingFumus boni jurisUrgencySerious and irreparable damageCumulative natureBalancing of all the interests involved

(Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paras 101, 125)

Application for interim reliefFormal requirementsSubmission of applicationsBrief summary of the pleas in law on which the application is basedInsufficient explanation of the grounds constituting a fumus boni juris

(Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4))

(see paras 102-105)

Operative part

The appeal is dismissed.

Mr Oriol Junqueras i Vies shall, in addition to bearing his own costs, pay those incurred by the Parliament.

The Kingdom of Spain shall bear its own costs.