Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-05-23-Speech-3-368"
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"en.20070523.24.3-368"2
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".
Mr President, ladies and gentlemen, if there is one thing with which I agree, it is that there is a risk that the decision by this Parliament may mark a genuinely historic step, in that it will compromise issues, problems, principles and rules that go far beyond this specific event. This Parliament has never cast doubt upon the principle and rule laid down by the provisions of the Treaty on the national jurisdiction to settle disputes relating to electoral procedure and, thus, to proclaim those elected, with regard to whom Parliament then proceeds to carry out the so-called ‘verification of credentials’ – in other words, verification of electoral offices.
To confirm what I am saying, instead of commenting on it I would like to quote word for word the content of Parliament’s decision, adopted on 14 December 2004 by this plenary, validating the mandate of all of us who were elected in those European elections. The mandate was declared valid, and I quote exactly ‘…
. This plenary confirmed a rule that is well-known to all!
I would like to add that in support of its decision the Committee on Legal Affairs refers to several articles both from the European Election Act and from the Rules of Procedure, referring to Parliament’s jurisdiction to intervene in the event of resignations. We are not talking about any resignations! The issue on which the Italian courts handed down a judgment relates to the dispute or the resolution of the dispute regarding the election, once Mr Di Pietro had resigned as a Member of this Parliament, his replacement being Mr Occhetto or Mr Donnici. The dispute was resolved by means of a provisional judgment, subject to appeal, which resulted in the proclamation of Mr Occhetto as the successful candidate; then came the judgment by the Italian Council of State – the Electoral Office, it is the same thing, Mr Gargani, it is not important – then came the judgment on the dispute, the final judgment by the Council of State, which proclaimed Mr Donnici as the successful candidate. Let us not discuss the resignations by Mr Occhetto, their compatibility with the wording, with the letter or with the mandate – let us simply discuss the prerogative and the jurisdiction of the national authorities to proclaim a Member, whose electoral credentials are then verified.
The consequences of the vote that we are about to make would involve a serious institutional conflict, breach of the provisions of the Treaty, and a possible empty seat, because in any case it would be for the national authorities to proclaim the person elected to replace the person whose mandate was not validated.
I will end by expressing my full appreciation for the members of the committee. Mr Gargani, nobody is casting doubt on the competence of the members; on the contrary, you have all my admiration, because the real skill of a jurist can be seen not when he is defending just causes, but when he is defending lost causes. I have every appreciation and respect for the way in which you have succeeded in obtaining this result."@en1
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"subject to any decisions by the competent authorities of Member States in which the election results have been disputed’"1
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