The EU Court dismisses Puigdemont's appeal against the European Parliament for initially denying him the seat

He says that the decision to deny them occupy the seat does not derive from the president of the European Parliament, but from the application of Spanish law

The General Court of the European Union has rejected this Wednesday as inadmissible the appeal filed by the former president of Catalonia Carles Puigdemont and the former councilor Toni Comín against the initial decision of the European Parliament not to recognize them as MEPs or the associated immunity after obtaining two seats by JxCAT in the European elections of May 2019.

The European Justice points out that the then president of the European Parliament limited himself to taking note of the legal situation of the two pro-independence politicians, whose names did not appear on the list of elected MEPs notified by the Central Electoral Board.

The ruling of the European General Court also recalls that the decision not to grant them temporary accreditation to comply with the administrative procedures necessary to occupy the seats and exercise the associated rights was not final, while the president of the European Parliament indicated which could change based on new information received. Puigdemont and Comín, in fact, held their respective seats in January 2020.

The Court, based in Luxembourg, dismisses the appeal as inadmissible because it is not directed against actionable acts in accordance with the Treaties, that is, that they would produce binding legal effects that may affect the interests of the plaintiff, substantially modifying its legal status.

Thus, he considers that the decision of the then president of the European Parliament did not have "any decisive or definitive character" because in his letter he expressly indicated that the position could have changed based on new information received by the Spanish authorities.

Regarding the impossibility of assuming their functions, or exercising their mandates or occupying their seats, the European Justice makes it clear that the President of the European Parliament "lacks the powers" to control whether it was appropriate to exclude from the list of elected candidates notified to the institution because this task falls to the national authorities.

The Electoral Act establishes a distribution of powers between the European Parliament and the Member States and that, in this context, in order to verify the credentials of its members, the European Parliament "must base itself" on the list of elected candidates officially notified by the national authorities, which, by definition, is drawn up based on the officially proclaimed results and once these authorities have resolved any disputes arising in relation to the application of national law.

For all these reasons, indicates the ruling issued this Wednesday, the impossibility of the applicants to assume their functions, to exercise their mandates and to occupy their seats in Parliament does not derive from the refusal of the President of Parliament to recognize them as European deputies, contained in the letter of June 27, 2019, but of the application of Spanish law, as reflected in the notifications of the JEC, regarding which neither the President of Parliament nor the European institution itself "had a margin of discretion any appreciation."