Lawyer Simon Bekaert, one of Puigdemont and Comín’s lawyers, said in an interview for ACN that he hopes that the veto of the two elected MEPs by some members of the EU Parliament is “illegal” and warns that his team is ready to appeal to an instance such as the EU Court of Justice (ECJ) if necessary.
“We are aware that there are forces within the European Parliament and its administration that are trying to prevent that both Puigdemont and Comín from occupying their seats on July 2.” As to whether or not they will wait until day 2 to take legal action at European level, Bekaert merely said: “We will see.”
Whether or not to go to an international body and the legal strategy, he insisted, it will depend “on how the European Parliament reacts or does not react. We hope that they have considered the arguments we have made and that they comply with European law,” he says. In this regard, he emphasizes that it is not only a legal matter, but also one of “credibility and legitimacy.” If Puigdemont and Comín cannot occupy their seats, the institution will lose legitimacy as a democratic institution,” he warned, at a time when, according to him, “there are many people who have already lost faith in European institutions.” In any case, he says that if it arrives to the point where they should go to the Luxembourg court they will ask for a “quick resolution” because “there is much at stake.” “It is not a question of Catalonia or independence, but a greater concern: the legitimacy of the European Parliament as an institution and the fact that there are people trying to prevent elected MEPs from taking their seats,” he said.
For the lawyer, European law is “very clear in one thing: that members of the EU Parliament do not represent their country but the citizens who voted for them.” Thus, he recounts, European legislation says “clearly” that the European Parliament “must take into account the results of the elections and based on the results must declare the elected persons as members of the chamber.” In addition, he explains that all the members of the chamber “must act personally and without ties.” In this regard, he considers that the fact that they were obliged to abide by the [Spanish] Constitution “is clearly a violation of these principles.” “There is no other MEP from any other country that has to go to his country to make an oath of loyalty, therefore it is very clear that it is an illegal condition.”