Orders nº T-353/00 of Court of First Instance of the European Communities, January 26, 2001

• Resolution Date: January 26, 2001
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-353/00

ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE

26 January 2001 (1) (Interim relief - Act of the European Parliament - Disqualification, pursuant to national law, from holding office - Admissibility - Prima facie case - Urgency - Balance of interests)

In Case T-353/00 R,

Jean-Marie Le Pen, residing in Saint-Cloud (France), represented by F. Wagner, lawyer,

applicant,

v

European Parliament, represented by H. Krück and C. Karamarcos, acting as Agents, with an address for service in Luxembourg,

defendant,

supported by

Republic of France, represented by D. Wibaux and G. de Bergues, acting as Agents, with an address for service in Luxembourg,

intervener,

APPLICATION for suspension of operation of the decision in the form of a declaration of the President of the European Parliament of 23 October 2000,

THE PRESIDENT OF THE COURT OF FIRST INSTANCE

OF THE EUROPEAN COMMUNITIES

makes the following

Order

Legal background

Community law

1.

Article 5 EU provides :

‘The European Parliament, the Council, the Commission, the Court of Justice and the Court of Auditors shall exercise their powers under the conditions and for the purposes provided for, on the one hand, by the provisions of the Treaties establishing the European Communities and of the subsequent Treaties and Acts modifying and supplementing them and, on the other hand, by the other provisions of this Treaty.’

2.

The first subparagraph of Article 189 EC, Article 20 CS and Article 107 EA provide that the European Parliament is to ‘consist of representatives of the peoples of the States brought together in the Community’.

3.

Article 190(4) EC, Article 21 CS and Article 108(3) EA provide that the European Parliament is to draw up a proposal for elections by direct universal suffrage in accordance with a uniform procedure in all the Member States, or in accordance with principles common to all the Member States, and that the Council, acting unanimously, is to lay down provisions, which it is to recommend to the Member States for adoption. It is further provided by Article 7(1) of the Act concerning the election of representatives to the European Parliament by direct universal suffrage, annexed to the Council Decision of 20 September 1976 (‘the 1976 Act’), that it is to be the responsibility of the Parliament to draw up a uniform electoral procedure. To date, notwithstanding drafts prepared by the Parliament, no uniform system has been adopted.

4.

Under Article 3(1) of the 1976 Act, the members of the Parliament ‘shall be elected for a term of five years’.

5.

Article 6(1) of the 1976 Act sets out the functions with which the office of representative in the Parliament is to be incompatible, and provides, in paragraph 2, that each Member State ‘may, in the circumstances provided for in Article 7(2), lay down rules at national level relating to incompatibility’. Article 7(2) of the 1976 Act provides:

‘Pending the entry into force of a uniform electoral procedure and subject to the other provisions of this Act, the electoral procedure shall be governed in each Member State by its national provisions.’

6.

Article 11 of the 1976 Act provides:

‘Pending the entry into force of the uniform electoral procedure referred to in Article 7(1), the Assembly shall verify the credentials of representatives. For this purpose it shall take note of the results declared officially by the Member States and shall rule on any disputes which may arise out of the provisions of this Act other than those arising out of the national provisions to which the Act refers’.

7.

Article 12 of the 1976 Act provides:

‘(1) Pending the entry into force of the uniform electoral procedure referred to in Article 7(1) and subject to the other provisions of this Act, each Member State shall lay down appropriate procedures for filling any seat which falls vacant during the five-year term of office referred to in Article 3 for the remainder of that period.

(2) Where a seat falls vacant pursuant to national provisions in force in a Member State, the latter shall inform the Assembly, which shall take note of that fact.

In all other cases, the Assembly shall establish that there is a vacancy and inform the Member State thereof.’

8.

Rule 7 of the Rules of Procedure of the European Parliament (OJ 1999 L 202, p. 1, hereinafter ‘the Rules of Procedure’) is headed ‘Verification of credentials’. Point 4 provides:

‘The committee shall ensure that any information which may affect the performance of the duties of a Member of the European Parliament or the ranking of the substitutes is forwarded without delay to Parliament by the authorities of the Member States or of the Union, with an indication of the date of effect where an appointment is concerned.

Should the competent authorities of the Member States initiate a procedure which might lead to the disqualification of a Member from holding office, the President shall ask them to keep him regularly informed of the stage reached in the procedure. He shall refer the matter to the committee responsible. On a proposal from that committee, Parliament may adopt a position on the matter.’

9.

Rule 8(6) of the Rules of Procedure provides:

‘The following shall be considered as the date of the end of the term of office and the effective date of a vacancy:

- in the event of resignation: the date on which the vacancy is established by Parliament, in accordance with the notification of resignation;

- in the event of appointment to an office incompatible with the office of a Member of the European Parliament, either in respect of national electoral law, or in respect of Article 6 of the [1976 Act]: the date notified by the competent authorities of the Member States or of the Union.’

10.

The duties of the President of the Parliament are set out in Rule 19 of the Rules of Procedure, which states as follows:

‘1. The President shall direct all the activities of Parliament and its bodies under the conditions laid down in these Rules. He shall enjoy all the powers necessary to preside over the proceedings of Parliament and to ensure that they are properly conducted.

2. The duties of the President shall be to open, suspend and close sittings; to ensure observance of these Rules, maintain order, call upon speakers, close debates, put matters to the vote and announce the results of votes; and to refer to committees any communications that concern them.

3. The President may speak in a debate only to sum up or to call speakers to order. Should he wish to take part in a debate, he shall vacate the Chair and shall not reoccupy it until the debate is over.

4. Parliament shall be represented in international relations, on ceremonial occasions and in administrative, legal or financial matters by the President, who may delegate these powers.’

11.

Rule 19(1) of the Rules of Procedure has been the subject of an interpretation in accordance with Rule 180 thereof, in the following terms:

‘These powers include the power to put texts to the vote in an order other than that set out in the document to be voted on. By analogy with the provisions of Rule 130(7), the President may seek the agreement of Parliament before doing so.’

French law

12.

Under Article 5 of Law 77-729 of 7 July 1977 on the election of representatives to the Assembly of the European Communities (JORF 8 July 1977, p. 3579, hereinafter ‘the 1977 Law’:

‘Articles LO 127 to LO 130-1 of the Electoral Code shall apply to the election of representatives to the Assembly of the European Communities.

Ineligibility arising during the term of office shall bring that term to an end. Ineligibility will be declared by decree.’

13.

According to the first subparagraph of Article 24 of the 1977 Law,

‘The candidate whose position on a list immediately follows that of the last elected candidate will be called upon to replace the elected representative on that list where the latter's seat becomes vacant for any reason.’

14.

Article 25 of the 1977 Law provides:

‘The election of representatives to the Assembly of the European Communities may, within 10 days of the declaration of the results of the voting and in respect of any matter concerning the application of this law, be challenged by any elector before the Conseil d'État. The decision shall be given in plenary session.

The application will not have suspensory effect.’

Facts and Procedure

15.

The applicant, Mr Jean-Marie Le Pen, was elected as a Member of the European Parliament on 13 June 1999.

16.

In a judgment of 23 November 1999 the French Cour de cassation (Criminal Chamber) dismissed the applicant's appeal against the decision of the Cour d'appel, Versailles, of 17 November 1998, finding him guilty of assault on a public officer acting in the course of his duties and when the victim's status was apparent or known to the perpetrator of the assault, an offence contrary to Article 222-13, first subparagraph, point 4, of the French Criminal Code. For that offence he received a suspended sentence of three months' imprisonment and a fine of 5 000 French francs (FRF). By way of supplementary sentence, he was declared ineligible for a period of one year under Article 131-26, point 2, of the Criminal Code.

17.

On the basis of that conviction and of the second subparagraph of Article 5 of the 1977 Law, the French Prime Minister declared, by decree dated 31 March 2000, that ‘[the applicant's] ineligibility brought to an end his term of office as a representative in the European Parliament’.

18.

The Secretary General of the French Ministry of Foreign Affairs notified the applicant of the decree of 31 March 2000 by letter dated 5 April 2000. In that letter, it was stated that the applicant could bring proceedings challenging the decree before the French Conseil d'État within a period of two months from the date of notification.

19.

In an...