To better understand what the dynamics could be in the case of the election to the European Parliament of Ilaria Salis – currently under house arrest in Hungary – the precedent of the Catalan politician comes to the rescue Oriol Junqueras who in 2019 found himself in a similar situation and appealed to the Court of Justice of the EU.
Ruling of the Court of Justice of the EU
The Court – in one ruling of 19 December 2019 – considered, firstly, that a person elected to the European Parliament acquires the status of Member of Parliament as a consequence and from the moment of the declaration of the election results, with the result that he enjoys the immunities guaranteed by Article 9 of the European Parliament Protocol . It follows that the new deputy acquires the immunity necessary for the fulfillment of his duties.
Travel immunity
Secondly, the Court held that those elected to the European Parliament enjoy from the moment of the declaration of the results of thetravel immunity connected to their status as MP. The purpose of this immunity is to allow such persons, among other things, to travel to and take part in the inaugural session of the newly elected European Parliament.
Unlike sitting immunity, which they enjoy only from the moment of that inaugural session and throughout the duration of the sessions of the European Parliament, travel immunity applies to Members while traveling to the place of meeting of the European Parliament, even in that first session. Immunity in relation to travel – the Court specified – serves to guarantee the right of eligibility in elections, guaranteed by Article 39, paragraph 2, of the Charter of Fundamental Rights of the European Union, enabling every Member – from the moment in which is declared elected and regardless of whether he has fulfilled all formalities required by national legislation – to participate in the inaugural session of the European Parliament without being hindered as regards travel.
Revocation of the provisional detention measure
Finally, the Court held, thirdly, that the travel immunity granted to all members of the European Parliament entails the revocation of any provisional detention measure imposed before the declaration of the election of that Member, in order to allow him to travel to and participate in the inaugural session of the European Parliament.
Consequently, if the competent national judge considers that the measure should be maintained, he must ask the European Parliament as soon as possible to revoke this immunity, on the basis of the third paragraph of Article 9 of the Protocol. Thus starting the entire EP procedure for the revocation of immunity.