European Parliament ex-president broke law by barring Catalan separatists, top court adviser says – POLITICO

As a result, Puigdemont and Comín were excluded from the official list of elected MEPs that Spain sent to the European Parliament, and Tajani decided to withhold their credentials and deny them access to the institution’s buildings. .

This ban remained in force until Tajani’s successor as Parliament president, David Sassoli, lifted it six months later, when the Court of Justice of the European Union reaffirmed the immunity of MEPs elected and ruled that member countries did not have the right to prohibit them from sitting. in Parliament.

However, even at that time, Puigdemont and Comín were not recognized by Parliament. Their credentials were finally accepted by the institution in January 2020, eight months after the elections to the European Parliament.

In response to an appeal filed by Puigdemont and Comín before the Court of Justice of the EU in 2019, Advocate General Maciej Szpunar issued an opinion on Thursday criticizing Tajani for his actions and recommending that Parliament be ordered to retroactively overturn his refusal .

Szpunar said Tajani had violated EU law by questioning the official election results and kowtowing to Spanish authorities who had failed to “faithfully and completely” transmit the election results in an attempt to prevent the separatists from accessing their seats. the parliament.

“There is no provision in (EU) law that allows a member state to suspend the prerogatives of MEPs,” Szpunar wrote.

Although the Attorney General’s opinion is not binding, his independent contribution is essential to the Court’s deliberations and has been found to be consistent with approximately three-quarters of its final legal decisions. A final decision on this case is expected at a later date.