On Thursday, 6 June, from Brussels, Catalan Minister for Foreign Affairs Alfred Bosch called on the European Parliament to overrule national rules and accredit separatists Carles Puigdemont and Toni Comin.
Before the press, Mr Bosch intimated that Parliament should ignore the fact that Spanish MEPs—at the national or European level—must take an oath to the Spanish Constitution. This swearing-in ceremony has been preventing the two separatist Catalan elected representatives from sitting in the European Parliament, since they could be arrested if they return to Spain (see EUROPE 12267/5).
In his opinion, this oath is a “formality from a bygone era that is being used as a means to block [Mr Puigdemont and Mr Comin’s] access” to the European Parliament. “It is an instrument intended to give judges the power to prevent people from sitting”, he added.
“The question is who decides who can represent the people. Does the decision belong to the Spanish government and judiciary or to the people? Should they be allowed to be MEPs or not?” pondered Mr Bosch, wondering to what extent the Parliament was sovereign.
Not within the European Parliament’s competence
However, a source from the European Parliament told EUROPE that the institution did not have the authority to decide who was a member of the European Parliament. “The legislation on who is or is not a member of the European Parliament is a national legislation. The European Parliament cannot do anything about who is or is not an MEP”, our source explained.
Qualifying the comments of Mr Bosch, who explained that the two Catalans were prevented from entering the European Parliament building to collect their accreditation, our source explains that, although they could not receive parliamentary accreditation, they could nevertheless enter the building, which they reportedly refused to do (see EUROPE 12267/5). This source added that Mr Puigdemont had recently entered Parliament, even giving a press conference on its premises.
Pending the official lists of elected representatives (regardless of the country), the President of the European Parliament may grant temporary accreditations, specifically when there are no disputes concerning elected representatives. In the Spain’s case, current President of the European Parliament Antonio Tajani -“who has the authority to do so” - decided to not grant temporary accreditation, according to this source.
Only after the swearing-in ceremony, scheduled for 17 June, will the Spanish authorities give the European Parliament the official list of MEPs representing the country. The latter will then be able to receive their permanent accreditation as MEPs. “The procedure is clear; the European Parliament has nothing to do with it”, our source added.
She also reiterated that, until 2 July and the inaugural session, newly elected members are not yet MEPs. “All that the European Parliament can offer (before that date) is not a right but a facility”, clarified our source, so that MEPs can get organised within the groups. (Original version in French by Camille-Cerise Gessant)