The Puigdemont, Comín and Ponsatí cases (T-115/20 and T-272/21) entail another episode in the so-called “Catalan saga”, after the Junqueras judgment and the more recent Puig Gordi case. In order to decide on the Catalan MEPs’ actions both against the President of the European Parliament’s refusal to defend their immunity allegedly infringed by the Spanish judiciary and the Parliament’s decisions to waive said immunity, the General Court seemingly tries to balance the critical aspects of Protocol No. 7 with the EU’s system of judicial protection. Indeed, in the light of the institutional and jurisdictional triangle, ideally composed by the European Parliament, the national judicial authorities and the EU Court of Justice, we are able to see the criticalities of Protocol No. 7 and the potential of the EU jurisdictional system in addressing the issues related to (un)cooperative national authorities. Notably, the Court’s recall to the preliminary ruling procedure (Art. 267 TFEU) and infringement proceedings (Art. 258 TFEU) is important to reaffirm the rationale behind MEPs’ immunity, that is, to protect the supranational nature of the European Parliament and its autonomous functioning.
