The Spanish Supreme Court's ruling against 9 supporters of Catalan independence on Monday 14 October presents a real risk for Spanish and also European democracy because of its "broad" interpretation of the offence of sedition, according to the Catalan government's representative to the EU, Meritxell Serret.
"They have been unable to keep the position of rebellion (see EUROPE 12347/16), but instead of that they interpreted this sedition charge too widely and they considered that massive peaceful demonstration can now be considered as a threat", she told a group of journalists on Tuesday 15 October, citing the part of the Court's judgment dedicated to the offence of sedition (see p. 275 and following, http://bit.ly/33zi35u ).
The Court considers that declaring independence is not an offence in itself. However, according to the Court, it is important is to mobilise citizens to rise up and to prevent the application of laws and to prevent compliance with judicial decisions.
"We think it is a really bad precedent", not only for the Spanish democracy, "but also for the democracy of the European Union", she continued, before attacking the "silence" of the European institutions, which does not contribute to finding a political solution.
Asked by EUROPE about the ban on accrediting three supporters of Catalan independence elected to the European Parliament (see EUROPE 12277/16), Ms Serret is awaiting a ruling from the Court of Justice of the EU on the case of Oriol Junqueras. "This verdict will set a precedent for interpreting the situation of Carles Puigdemont (the former president of the Government of Catalonia, editor's note)", she continued. She concluded: "Here the main question is who decides whether a person is elected as a Member of the European Parliament: the voters or the State?"
On Monday 14 October, the Spanish Supreme Court sentenced 9 supporters of Catalan independence for sedition, embezzlement of public funds and disobedience (see EUROPE 12348/23). The Court also issued a new European arrest warrant for Mr Puigdemont on the same charge. Ms Serret expects to see an arrest warrant for her soon. (Original version in French by Pascal Hansens)