Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-05-18-Speech-4-021"
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"en.20000518.1.4-021"2
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"Madam President, I very much hope that Mr Staes will get well soon, but I believe that we should also remind and ask the media to inform our co-citizens that our life is not a bed of roses, and that coming and going like nomads is not the best thing for our health. However, we have all made a free choice.
I will return to the issue we were discussing: my Group’s request for this House to express its opinion in accordance with the regulations. I was reading Article 12(2) of the Act of 1976, which is the legal basis cited by the chairperson of the Legal Affairs Committee in her letter of Monday. This paragraph says: “Where a seat falls vacant pursuant to national provisions in force in a Member State, the latter shall inform the European Parliament, which shall take note of the fact”.
France is a constitutional state. There has been a legal judgement, a government decree, which has been communicated to us and I believe it falls to the European Parliament to take note of it in accordance with the Treaties and with parliamentary law. I have heard – because I do not have first-hand knowledge of the letter – that precedents are cited. There certainly are precedents and my Group believes they should be respected. However, in this case, we should not cite the precedent of Mr Tapie for two reasons: firstly, he was ineligible for reasons of bankruptcy, and, secondly – and this is important – he had used his right to appeal. Here we have a case of ineligibility for one year and the right to appeal, recognised in the French decree, has not been used.
I do not wish to enter into a debate on French law, since I have no knowledge of it. I believe that, in accordance with the Treaties and our Rules, Parliament must take note of the decision of the French State. This is the correct procedure and I think that, although I was not present in the Committee on Legal Affairs, the proposal does not reflect it. In any event, I believe that this proposal should not be ratified by the European Parliament, I am going to request that it be put to the vote and I would like to say that my Group will vote against it."@en1
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