Parliament refuses credentials of new MEP and puts itself above the law

3.07.28pm BST (GMT +0100) Thu 24th May 2007

"Today's vote throws the European Parliament into a dangerous court case with a Member State which has no precedent and no legal defensive arguments on the Parliament side", said Graham Watson, ALDE group leader following a decision by Parliament today to back a report from its Legal Affairs committee to reject the credentials of a new Italian MEP Beniamino Donnici (ALDE) of the Italia dei Valori party led by Antonio di Pietro.

"My group is strongly opposed to this report which effectively undermined the supreme court decision of a Member State and sent a message to the public that MEPs consider themselves above the law".

"With this vote the European Parliament risks a lengthy legal battle with the Italian Authorities which it will almost certainly lose. In the meantime some of Italy's voters may be denied representation in Strasbourg."

"The EP is at its worst when it allows itself to be hijacked by national political controversies, as is the case in this Occhetto-Donnici battle", Watson concluded..

Editor's note

The case arose in 2006 when the Italian supreme court (Consiglio di Stato) declared invalid the mandate of Achille Occhetto (Socialist) who had previously declined to take up his seat in the European Parliament but subsequently wanted it back.

According to the 1976 European electoral act governing MEPs parliamentary privileges and immunities, Parliament must simply take note of notifications from the supreme judicial authorities in Member States concerning termination and initiation of mandates. The Gargani report turns this law on its head by challenging Italy's court ruling.