58 of the 61 new Spanish MEPs have sworn or promised allegiance to the Constitution in an act that took place in Congress. The vast majority have used the brief formula of swearing or promising allegiance to the Magna Carta, except for the MEP from the PNV. Ohiane Agirregoitia (Coalition for a Solidary Europe) and the candidate of EH Bildu and former member of ETA Pending Auger (Now Republics), they have done it “by legal imperative”as well as the representative of the BNG Ana Miranda (Now Republics).
The three Sumar parliamentarians, with Galan Star At the head, they have opted for a more creative approach by promising, in their case, “for social justice and human rights”; Jaume Asenshe has done it “for the Europe of the people” and Vicent Marzà “for the Valencian people and social justice.”
Riba questions the obligation to comply with the Constitution
At the beginning of the event, the MEP Diana Riba (ERC) has asked if it was obligatory to abide by the Constitution to be a MEP, or optional, as indicated by the Court of Justice of the European Union, to which the president of the Central Electoral Board (JEC), Second Menendezhas responded that it is still mandatory under article 224 of the electoral law and according to the criteria of the Supreme Court.
This article points out that the Central Electoral Board “will declare the seats vacant corresponding to the Members of the European Parliament who had not complied with the Constitution and all prerogatives suspended that may correspond to them by reason of their position, all of this until such compliance occurs”, as has occurred in the case of Comín.
The ERC MEP has complied with the Constitution, and at the end of the event, she announced a letter to the JEC in which she requests that “the act of compliance not be an essential requirement for issuing the credentials of the elected deputies to the European Parliament.”
Diana Riba, has criticized the “procedure” of having to abide by the Constitution in order to be able to acquire the seat as a MEP and has submitted a document before the Central Electoral Board (JEC) to put an end to the mandatory nature of a practice, which according to her, “it is outside the European regulations”.
“Once again we see how Spanish judges are setting limits and trying to impose procedures that are not at all within European regulations,” he said on Monday from Congress after attending the act of swearing in the Constitution.
As Riba recalled to the media, the European courts they have already spoken on this type of practices and have concluded that no Member State can deny the status of MEP by putting in place “more formalities” and, therefore, the Spanish representatives of the European Parliament would not have to abide by the Constitution.
It will be applied while it is in the Spanish Electoral Law
For his part, from the JEC, the president Miguel Colmenero, has reminded Riba that this sentence to which the Catalan leader has referred does not invalidate the provisions of the Electoral Law Spanish and that, in fact, the Supreme Court has continued to demand this procedure after that European decision.
However, in the document presented, ERC maintains that “no” legal system of a Member State can “contradict” the order of the European Union and they also remember that in the ‘Junqueras’ ruling of the Court of the European Union in 2019 it was established that the status of member of the European Parliament linked to election results and not to compliance.
Absences at the event
The Junts per Cat parliamentarian was absent from the event, as was foreseeable, Toni Cominwho fled from justice after 1-O. But there have also been absences such as that of Alicia Homsthe substitute in the PSOE of Teresa Riberaand Sandra Gomezwho have previously abided by the Constitution for personal reasons.
Along with the absence of Comín, attention has focused on the head of the list of Se Acabó la Fiesta, Luis ‘Alvise’ Perezwho has been sworn in and will premiere in the European Parliament alongside Estrella Galán (Sumar), Agirregoitia (PNV) and the former minister Irene Montero (Can).
Montero has spoken before promising the Magna Carta, in statements to the media, to defend a Europe of peacemore feminism and more rights, emphasizing demanding an end to the genocide in Israel and attacking “the European elites for leading us to war”, the two main banners of their campaign.
As also planned, the Third Vice President of the Government and Minister of Ecological Transition, Teresa Ribera, has not collected her minutesas she herself confirmed during the campaign because she aspires to be a commissioner.
For this decision, the PP MEP Dolors Montserratwho is again in the European Parliament, has accused the PSOE of deceiving voters and has maintained that “it is not true” that, as she maintained during the campaign, the minister is going to defend voters in the European Parliament.
The MEP has replied to the PP Iratxe Garciawho will continue as president of the social democratic group of the European Parliament and who recalled that the PP in other legislatures also had candidates who did not collect the minutes of the European Parliament to be commissioners, so “It’s not an exception, it’s nothing new”.
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