Carles Puigdemont loses legal battle for MEP seat

Giuseppe de vita
Credit: Jan VAN DE VEL/A European Union 2021 - Source : EP

Brussels (The Brussels Morning Newspaper) – The European Court of Justice has supported ex-EU Parliament president Antonio Tajani’s decision not to recognise Catalan separatist leader Carles Puigdemont as an MEP.

The EU’s top court has definitively denied Carles Puigdemont’s action to recognise both his and Antonio Comín’s status as members of the European Parliament in the 2019 elections, placing the future of Comín, who was re-elected in the 2024 elections and has yet to take up his seat, in danger.

The European Court of Justice (ECJ) supported the decision of the then-president of the European Parliament, Antonio Tajani, not to permit them to take their seats as lawmakers, ruling on that Tajani “merely did what he was required to do.”

How did Spanish electoral law impact Puigdemont’s seat?

Under Spanish electoral law, MEPs must take an oath or pledge to respect the national constitution in order for the Spanish Central Electoral Commission to inform the European Parliament of the list of elected candidates. As neither Comín nor Puigdemont did so, having been on the run from the Spanish judiciary since 2017 following an outlawed independence referendum, Spain’s Central Electoral Commission proclaimed their posts vacant and Tajani informed them that they could not be regarded EU lawmakers as they were not on the final list of future MEPs.

The ECJ stated that Tajani “could not depart from the list of elected members officially reported to him by the Spanish authorities” because he had no power to confirm the accuracy of the list and the division of powers between the EU institutions and member states would be “disregarded.”

How is the European parliament responding to the ECJ ruling?

The Catalan politician was the only contender for the Junts per Catalunya (“Together for Catalonia”) party in last June’s European elections but has been incapable of taking his seat because the Parliament has declined to take a decision until the ruling of the European judiciary is comprehended. Parliament sources say that it has taken note of the ruling and that its legal services are investigating it. For the time being, neither Carles Puigdemont nor Toni Comín have made any comments following the ruling.

About Us

Brussels Morning is a daily online newspaper based in Belgium. BM publishes unique and independent coverage on international and European affairs. With a Europe-wide perspective, BM covers policies and politics of the EU, significant Member State developments, and looks at the international agenda with a European perspective.
Share This Article
Giuseppe De Vita is a journalist at Brussels Morning News, He is covering European politics, Law and Technology news. Lawyer at De Vita & Partners Law Firm specializing in Criminal Law, Military and Space Law, and Cyber Security. In April 2023, he authored the monograph "Governance in Extraterrestrial Space", showcasing his extensive legal expertise. He has acquired vast experience in handling criminal and civil matters, managing litigation before various levels of jurisdiction across the national territory. In 2010, he obtained a Master's degree in Information Technology Law. Additionally, in the same year, he served as a teacher in criminal-IT subjects at the Penitentiary Police School of Portici, providing courses aimed at officials and managers of the Penitentiary Police and the Penitentiary Administration, focusing on IT security. He also serves as a Workplace Safety teacher, conducting training courses at various organizations and educational institutions. Moreover, he is a lecturer on Anti-Corruption and Transparency. The law firm, under his guidance, assists both private and corporate clients in court, accumulating significant experience in criminal and civil disputes over the years. Furthermore, it conducts Risk Management and Compliance, Cyber Resilience, and Cyber Security activities, with a specific focus on privacy protection (EU Regulation 2016/679 - GDPR). Giuseppe frequently publishes articles in legal journals, analyzing various regulatory issues. He has contributed articles to the legal journal Altalex, of which he is also a member of the Scientific Committee.
The Brussels Morning Newspaper Logo

Subscribe for Latest Updates