Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-03-10-Speech-1-043"
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"en.20030310.3.1-043"2
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"Mr President, I would like to speak on the basis of Rule 8 of our Rules of Procedure. Current French law stipulates that any Member of the European Parliament elected to a post that places them in a situation of incompatibility, such as president of a French departmental council, shall, purely by virtue of that fact, cease to exercise their mandate. The legislator’s intention to avoid an appeal or option period is clear since the case where a Member of the European Parliament finds themselves in a situation of incompatibility with the exercise of a mandate rather than a post is also provided for.
In the case of incompatibility with a mandate, the legislator considers the consequences of the election being called into question, which it does not do in the case of incompatibility with a post. The spirit and the letter of the law are clear: in standing for this election, Mr Pasqua must have been aware of what the immediate consequences would be.
Since our last plenary, however, Mr Pasqua, a Member of our Parliament, was re-elected president of the departmental council of Hauts de Seine on 27 February last. It would seem that the competent authorities in my country have not informed you of the end of Mr Pasqua’s mandate.
Mr President, in your role as guarantor of this institution, it is up to you to make enquiries of the competent authorities in my country regarding the implications of this new situation, because, in the eyes of French law, Mr Pasqua is no longer a Member of the European Parliament and we should note the vacancy."@en1
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