The ministers and lawyers of the Government are intervening actively in the fixation of the position finally adopted on the consequences of the judgment of the Luxembourg Court on the immunity of Oriol Junqueras. The main idea remains that there is that apply for the suplicatorio to the european Parliament, without implying any risk for the firmness of the failure of the procés rendered by the Supreme Court. And the criterion shared is that there is a legal basis for the request for the arrest of the leader of ERC pending such suplicatorio.

From the procedural point of view, it is obvious that the document will before the Supreme will be the one that finally compose, approve and sign the State bar. But the president of the Government on functions, Pedro Sánchez, has wanted to tell to fund with the opinion of the ministers, jurists or from the judicial career. The own vice-president, Carmen Calvo, the head of this group, which form part of Dolores Delegate (Justice), Margarita Robles (Defense) and Fernando Grande-Marlaska (Internal), also with participation of other senior members of the Executive are legal.

There has been an attribution of formal functions, because this was not exactly constitute a kind of crisis committee legal, but the president has wanted that his opinion is to have very in account the steps are given to define the position on the failure of Luxembourg. All this from the conviction that the ruling of the European Court of Justice (ECJ) is a true legislative innovation, in the measure in which fixed new criteria on how and when members of parliament to gain the immunity. That is, with their choice at the polls.

The knot of the question is in what situation should be Junqueras during the period —between two and six months— which runs from the request of the suplicatorio and the response of the European Parliament. The lawyers of the Government are in agreement that the judgment of the Supreme has full legitimacy and should not be void. But at the same time the CJEU has stated that Junqueras had immunity from the last June 13. What implications should have and to ensure that immunity? Of the possible answers to this question derives not discard the request that Junqueras be released until the European Parliament to grant, in his case, the suplicatorio. And not because because they ask the negotiators of CKD in order to facilitate the endowment, but because the Law of the State to assume the defense of, that's the reasonable consequence of the ruling of the CJEU.

In what is now in the laboratories legal Government is in the calculation of risks. There is full awareness that lacks any basis to ask for the annulment of the judgment of the procés. But it is estimated that there is scope for sustaining the origins of the freedom of Junqueras, while you fix your suplicatorio, without the response of the Supreme, whatever, could be a drubbing legal. Hence, what is expected is that the Lawyers end up finding the way to support that thesis.