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Correct, only the Supreme Court can decide on the disability. Congress can only decide to apply the disability or not.

Well, being European, I am not sure I have understood all the details of the Law and the functioning of the Justice system in your country. But to simplify the debate on the total immunity that Trump claims for all his decisions as President, I believe that we must distinguish between “sanction” and “guilt”. There can be no question of punishing a president for decisions taken in the exercise of his or her function without running the risk of slowing down or blocking the entire system when he or she is faced with questions and problems of citizens and institutions. However, it is perfectly logical and desirable that decisions or lack of decisions be examined to define whether they are consistent with the interests of the Nation and respectful of the Constitution. A judgment, which can only belong to the Supreme Court, can then establish whether such decisions or lack of decisions are admissible or condemnable regardless of any question of penalty or compensation. A president is no less “guilty” than anyone else of his or her actions or decisions. This judgement is of paramount importance when it comes down to the rule of Equal Treatment for All as well as the application of restrictions on civil rights which may exist in the Constitutions of certain countries including the United States. Nothing can justify that a former president can be exonerated from his responsibilities in relation to the non-compliance established by a judgment of a Supreme Court. Immunity certainly allows him to avoid the criminal consequences but he cannot, in any way, escape his own Constitutional guilt like everyone else. This immunity cannot, under any circumstances, transform a “guilty” judgment into “not guilty”. Consequently, ''Section 3'' of the 14th Amendment is applicable to anyone found ''guilty'' of acts and offenses in the course of an official and sworn function while leaving Congress the possibility of confirming or to invalidate this “ineligibility” by a two-thirds vote of each Chamber.