Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-04-20-Speech-2-453"
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"en.20040420.20.2-453"2
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"Mr President, ladies and gentlemen, on behalf of my group, I tabled a motion of inadmissibility on this report, as regards issues that I had occasion to raise in committee. I also asked in committee, on the date of the debate, for a legal opinion to be issued by its secretariat, by Parliament’s legal services or by the Committee on Legal Affairs and the Internal market, on serious issues concerning the legality or otherwise of this report; issues that I raised and tabled at the time.
I was under the impression that my request had been accepted but to date I have still not heard this opinion. In fact, the report makes some legal and factual observations that are inadmissible in Parliament. In particular, statements are made for which the Commission has never produced any proof, such as, for example, paragraph 50’s accusations about
a Polish publishing company; comments on the composition of
which I admit are true but no evidence has been presented in paragraph 57(1); or paragraph 58(1), on the division of advertising revenue in Italy, about which I know nothing.
Even more seriously, the report raises points of law that are completely inadmissible in Parliament because they would force us to discuss the laws of Member States and furthermore, the legislative powers of Member States and even the rulings of Member State courts. An example of this is the reference in paragraph 49 to a ruling of Germany’s Federal Constitutional Court on a legislative proposal introduced by the
. I am shocked: how can we possibly question the legislative process pursued in Germany’s
or determine the legality or otherwise of certain facts in light of Italian national law, or of Law 249/97, of the deliberations of the Italian national authorities or of the rulings of the Italian Constitutional Court?
These are all matters which I am not in a position to discuss for one simple reason: they do not fall within the sphere of Parliament’s competence and I would therefore ask that this report be deemed inadmissible or referred back to the Commission until a legal study in the true sense of the word is submitted on these issues, which are serious ones."@en1
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"Agora,"1
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