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European court restores immunity of Catalan MEPs

The European Court of Justice restored the parliamentary immunity of exiled former Catalan leader Carles Puigdemont and two of his allies Tuesday, in a victory over Spanish authorities.

Published: 24 May 2022 17:17 CEST

European court restores immunity of Catalan MEPs

Catalonia's exiled former leader Carles Puigdemont (C), escorted by Catalan economist and member of the European Parliament, Clara Ponsati (L) and Spanish politician from Catalonia, member of the European Parliament for the pro-independence coalition Together for Yes, Toni Comin (R), leaves on October 4, 2021 the Sassari courthouse in Sardinia, Italy, after attending his extradition hearing. Photo: Gianni BIDDAU/AFP

Puigdemont and fellow MEPs Toni Comin and Clara Ponsati face jail in Spain for their roles in organising a banned Catalan independence referendum, and in March the European Parliament stripped them of their legal protection.

But on Tuesday, the vice president of the court issued an order to provisionally “suspend the execution” of the lifting of the immunity while judges prepare to study the case.

“Today we have another positive result,” Puigdemont tweeted, promising to face down Madrid from exile “no matter how uncertain things are and no matter how colossal the strength of the Spanish State. No surrender”.

Puigdemont led efforts by Catalonia’s separatist regional government to stage an independence referendum in October 2017 despite a ban by Madrid. The vote was marred by police violence.

Several weeks later, the Catalan administration issued a short-lived declaration of independence, triggering a political crisis that prompted Puigdemont and several others to flee.

Some Catalan figures who stayed behind were arrested and put on trial, with nine of them jailed for between nine and 13 years.

Although those jailed were pardoned earlier this year, Madrid still wants Puigdemont and the others to face justice over the secession bid. Puigdemont lives in Belgium.

Puigdemont enjoyed immunity for a time after being elected to the European Parliament in 2019, but that was lifted by the parliament in March in a decision upheld in July by the EU’s General Court.

The higher court, the ECJ, will now consider his case.

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Why Spain has decided not to ban pimping

This is the second attempt by the Socialists to carry out this proposed bill, which was rejected by parties on both sides of the political spectrum.

Even the government’s junior coalition partner Sumar voted against the move, as well as the PP, ERC, Junts, PNV and EH Bildu.

The bill aimed to punish all types of pimping, essentially profiting from the procuring of prostitution of others.

Currently, only pimps (proxenetas or chulos in Spanish) that carry out intimidation and violence are punishable, but PM Sánchez’s party has argued that the current wording of Spain’s Penal Code has led to “total impunity for pimping”.

The aim was to expand upon article 187 of the Penal Code to imprison anyone who “promotes, favours or facilitates” the prostitution of another person “for profit”, with sentences of 3 to 6 years as well as fines.

This would be extended to a further 24 months in prison if violence, intimidation or deception were used and penalties of two to four years if pimping does not involve violence, even with the consent of the sex worker.

In addition, the PSOE wanted to be able to punish third parties who earn money for renting out properties for the purpose of pimping and prostitution with two to four years in prison and fines.

The Socialists also wanted to add an article so that those who pay for sex have a criminal charge. Anyone who agrees to “the practice of acts of a sexual nature in exchange for money or another type of benefit” is punished with a fine”, the bill read.

The majority of the political parties denounced the proposal arguing that it was an “electoral” initiative.

Gala Pin, the deputy of Sumar stressed that her party couldn’t vote in favour of a bill that she has called “quite tacky”. “It proposes absolutely no solution, no itinerary, no alternative measure, no economic proposal for labour support, absolutely nothing,” she argued.

A woman holds up a sign that demands the abolition of prostitution during a demonstration with the motto “The strength of women is the future of all” in Madrid in 2021. (Photo by OSCAR DEL POZO / AFP)

Other members of Sumar criticised the bill saying that it was incomplete and that it didn’t address the root of the problem. Many also believe it will criminalise sex workers place women who practice prostitution in situations of greater vulnerability, without being able to defend themselves.

The party led by Yolanda Díaz added that they were in favour of “persecuting coercive pimping” but saw “large gaps” in the PSOE law, which they do not consider comprehensive, because it does not address social and economic measures such as employability, housing or training. They don’t want to allow prostitution to be eradicated.

READ ALSO: What’s the law on prostitution in Spain?

Sex worker María Nelly and spokesperson for Stop Abolition has requested that the government allow women to continue work in prostitution if it’s something they’ve chosen.

She argues that it doesn’t seem right that they are victimised or that their clients are seen as aggressors. Nelly also told Antena 3 that she does not approve of fines being issued to clients or to the places that provide them with safe spaces to carry out their sex work.

“The majority of girls who engage in prostitution do so freely and there are very few reports of pimping,” she stated on TV programme Espejo Público.

READ ALSO: Spain’s top court reinstates first sex workers’ union

This is now the seventh time that proposed changes to prostitution laws have been rejected in parliament.

The last changes were proposed in June 2022 and aimed to further crack down on pimping and exploitation, and punish those purchasing sex, including harsher sentences if the victim is vulnerable or underage.

At the time, the PSOE said they would not make prostitution outright illegal, but rather the exploitative activities that surround it.

Critics of tougher prostitution laws such as those of Nordic countries argue that they lead to greater secrecy surrounding sex work, more police persecution and deportations, as well as housing problems since it can be interpreted that any property, even the home of a woman who carries out prostitution, is used by a pimp for profit.

It’s worth noting as well that Spain is among the largest ‘consumer’ of prostitution in the world (3 in every 10 Spanish men have admitted to sleeping with a prostitute) and the industry represents as much as 0.35 percent of the country’s GDP: €4.2 billion a year.

Between 45,000 and 120,000 women work as prostitutes in Spain, according to different estimates.

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