Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-01-28-Speech-3-005"
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"en.20040128.1.3-005"2
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"Mr President, I would like to question you on the information that you gave to Parliament on 12 January. On the basis of Rule 7(4), of our Rules of Procedure, you referred the letter that you had received regarding the mandate of Mr Michel Raymond to the Committee on Legal Affairs and the Internal Market. Under the current circumstances, when the issue of a statute for Members of the European Parliament is putting this House and its privileges under the spotlight, at a time when the Committee on Budgetary Control is hunting down any hint of fraud, misappropriation or dishonesty regarding the European Union budget, I think that your decision is extremely controversial. The fact is that Mr Michel Raymond has been convicted, now that the French Supreme Court of Appeal has handed down its final judgment, of fraud relating to the European Union budget. The matter was, perfectly legitimately, referred to you by the national authorities, and I am told that you did not wish to just ‘take note’, as the Act of 1976 invites you to do, of the disqualification of Mr Michel Raymond, fearing that there would be a long drawn-out appeal before the European Court of First Instance, which has in fact been lodged by Mr Le Pen. Quite simply, in the case of Jean-Marie Le Pen, which has some aspects in common with the case that we are now addressing, the European Union Court of First Instance ruled very clearly on 10 April 2003, including an interpretation of the Act of 1976 and Rule 7(4), of our Rules of Procedure, on which you based your decision. In its Judgment of 10 April 2003, the Court states that the verification powers possessed by Parliament when it has to ‘take note’ apply ‘upstream of the disqualification’, and therefore of the vacancy of the seat. Rule 7 of the Rules of Procedure provides for the President of Parliament to refer the matter to the competent committee where ‘the competent authorities of the Member States initiate a procedure which might lead to the disqualification of a Member of the European Parliament from holding office’
I therefore think, Mr President, that it was your responsibility, according to the Act of 1976, our Rules of Procedure and the case law of the Court of First Instance, to take note of the disqualification of Mr Michel Raymond and not to refer it to the Committee on Legal Affairs and the Internal Market."@en1
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