Brussels asks Spain about the use of Pegasus

“I am going to ask about the follow-up of the Pegasus file”, said the European Commissioner for Justice, Didier Reynders: “A follow-up is taking place in the European Parliament on the case through a commission, and we have had the opportunity to write to the authorities of several Member States, including Spain, to find out exactly what happened to the case”.

Indeed, according to a question from the Pegasus parliamentary commission to the Community Executive, Brussels wrote to the Spanish authorities on May 24, but has not yet received a response.

Thus, Reynders explains: “We have written to the Spanish authorities, and now we would like to have a detailed account of what has been done and the status of the procedures within the logic of the rule of law when national security tools are used. What we want to check is that these tools are used in a proportionate, necessary and legal way. Often, respect for legality requires the authorization of a judge, as is the case in many laws, and we are going to ask about it. I know that there are ongoing investigations, that there are a series of steps that have been taken in Spain, and I am going to ask someone to explain to me now what the exact situation is based on the letter that my general manager sent some time ago to the Spanish authorities”.

“Following press reports and letters received from MEPs (in the case of Poland also from the President of the Polish Supreme Audit Office, NIK), the European Commission services sent letters to Hungary, Poland, Spain and Greece. . The letters to Hungary and Poland were sent on February 14; to Spain, on May 24; and Greece, on July 29, 2022”, explains Brussels in its response to MEPs: “The European Commission tries to gather information on the national legislative framework and its relationship with the Union legislation on data protection, including the criteria used to define the scope of national security and how this respects EU law”.

According to information from the Community Executive, “Hungary responded on May 11 and Poland on March 29. Spain has not yet responded. Greece responded on August 2.” The case of Greece has to do with the attempt to spy on the mobile phone of a member of the European Parliament (socialist).

Brussels explains that “it will continue to collect factual and legal information, assess the interaction between national legislation and the EU acquis on data protection, and assess the issue in the light of all available information. The European Commission will closely follow the conclusions of the investigation committee on Pegasus.”

The mission of the European Parliament to Spain, in the air

The MEPs had decided to travel to Poland, Israel and Hungary for espionage with Pegasus. And in May an attempt was made to reach an agreement in principle to subsequently expand the missions to Spain and the US. But the decision is pending “formalization” and “ratification”, according to sources consulted by elDiario.es, while the mission to Spain does not figure until now among the main priorities for popular and European socialists.

The visit, which would predictably be to Madrid, would take place after the trips to Poland, Israel and Hungary, and maybe even after the US, but it will also depend on whether the investigation commission is extended.

In the first list of popular Spain did not appear as the main priority –it was in fifth place–, nor in that of the socialists –they opted for Hungary, Poland and Israel without mentioning Spain–.

Socialist sources maintain: “Among all the missions, we must see which ones we understand are the most necessary for the purpose of the commission. What I can say is that we are not going to veto a mission in Spain”.

Opposed to the missions are the majority of the ultra-conservative MEPs (ECR), in whose group is Vox, whose spokesman, Jorge Buxadé, said in the European Parliament last Wednesday to the independentists: “Little have they spied on them.” Members of PiS, the Polish ruling party, accused of spying on the opposition and journalists, are also opposed.

The missions can only be carried out in certain weeks of the parliamentary calendar – they cannot be in weeks of plenary session, mini-plenum or committees, for example – so there cannot be an infinite number.

The initial duration of the commission of inquiry is 12 months. The work plans are usually for semesters, so they could propose three missions for the second half of 2022 and then ask for a second package for the first half of 2023 (although their mandate ends in principle in April, it can be renewed for up to six more months). ).

In any case, for the commission’s missions outside the three places of work -Brussels, Strasbourg and Luxembourg-, the Conference of Presidents -which brings together the leaders of the European Parliament groups together with the president, Roberta Metsola-, issues an opinion, which will be followed by a final decision by the Bureau of the European Parliament. Proposals are normally presented twice a year, but it is possible to present them at any time if the groups see it necessary.