Carles Puigdemont loses legal battle for MEP seat

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.

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How did Spanish electoral law impact Puigdemont’s seat?How is the European parliament responding to the ECJ ruling?

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.