The ECHR rejects Puigdemont's appeal for his seat in the European Parliament because the TC already recognized him as an MEP

He assures that he has already received "adequate reparation internally" so he cannot allege violation of rights.

MADRID, 28 Sep. (EUROPA PRESS) -

The European Court of Human Rights (ECHR) has agreed to inadmiss the reference lawsuit filed by former Catalan president Carles Puigdemont in the case of his seat in the European Parliament, understanding that the Spanish Constitutional Court (TC) in 2022 recognized the leader of Junts as an MEP and, therefore, can no longer allege any violation of rights.

In the resolution, to which Europa Press has had access, Judge Peeter Roosma has specified that he has declared the lawsuit inadmissible considering that the independence leader "has already obtained recognition of any alleged violation" of rights and "adequate reparation to internal level".

Sources close to the procedure have indicated to this news agency that the ECHR - in the resolution notified last July - refers by "reparation" to a resolution issued in November of last year by the Constitutional Court in which it was recognized that Puigdemont He had enjoyed his status as an MEP since 2019.

Thus, the ECtHR has concluded that the former president of the Generalitat "can no longer claim that he is a victim of a violation of the European Convention on Human Rights or its Protocols." As the court has advised in a letter to Puigdemont's defense, the decision is "definitive" and cannot be appealed.

It was on November 15 when the Constitutional Court 'de facto' recognized the leader of Junts as an MEP. The magistrates dismissed the appeal he presented against the decision of the Central Electoral Board (JEC) not to include him - and the former Catalan councilor Toni Comín - in 2019 in the list of deputies elected to the European Parliament as a result of not having paid in person compliance with the Constitution after the elections held on May 26 of that year.

The TC then emphasized that both freely exercised their functions as MEPs and that, therefore, there was no violation of rights. He insisted that 11 months before he presented his appeal for protection, the European Parliament accepted his election as European deputies with retroactive effect and that he was already fully exercising his rights.

Thus, the Plenary Session of the guarantee court stressed that even before resorting to the protection process, Puigdemont and Comín obtained 'de facto' extra-procedural satisfaction of their claims for restoration or preservation of the fundamental rights denounced, so their eventual injury does not survives

The TC recalled in its resolution that the amparo procedural channel was not suitable to rule on purely declaratory claims unrelated to a real and effective injury to the rights that were invoked.