Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-05-23-Speech-3-369"
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"en.20070523.24.3-369"2
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".
Mr President, ladies and gentlemen, with all respect to the multitude of authoritative jurists with which the Committee on Legal Affairs is swarming, more modestly, I believe that if this Chamber were to approve the Gargani report tomorrow, the European Parliament would be committing a very serious and unprecedented act. It would be an unheard-of abuse of a Member who would see himself illegitimately deprived of his parliamentary mandate, and an unprecedented and unique breach of the treaties which, on electoral matters, clearly recognise the pre-eminence of the laws, procedures and authority of the Member States. This would be a serious conflict with a Member State, which would be deprived of a Member recognised as such by the laws and the legal authority of that country.
Mr President, the Committee on Legal Affairs has usurped powers that do not belong to it. I do not side with either of the two contenders. I am politically indifferent because they are both from the centre left; I understand Mr Occhetto’s personal problem, for which I have empathy in purely human terms. What is at stake here, though, is the law, the correct composition of the European Parliament and the credibility of the highest Community institution. Justice, and only justice, must therefore be done, and any hint of politics and petty political party calculations must be left aside. What sort of trust can the citizens place in a European Parliament that distorts its own composition by excluding a Member who is eminently qualified to be a part of it?
Let us look at the facts: the legal authority proclaimed Mr Donnici as the successful candidate, in an unappealable judgment. The Italian State notified the European Parliament of his election. The committee was charged with verifying Mr Donnici’s credentials. It was supposed to verify the offices he held and any incompatibility in them. It is of course true that it could examine appeals by third parties and therefore it legitimately examined the challenges put forward by Mr Occhetto. What it could not do was to declare null and void an act delivered before a public official of a Member State. This is a legal act that may be carried out solely by the legal authority of the Member State that has dealt with the matter and that has handed down an irrevocable and unappealable judgment."@en1
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