The far-right political group, the Patriots, has filed a complaint against the European Parliament over the cordon sanitaire which has excluded its MEPs from top leadership positions. Legal experts believe that this challenge led by French MEP Jordan Bardella is unlikely to succeed and may not be decided before the end of the current Parliamentary mandate. The cordon sanitaire is a practice where centrist pro-European groups prevent right-wing fringe parties from obtaining key roles in the Parliament. Despite achieving good results in the elections, the Patriots failed to secure high-level positions due to this exclusion.
Time may not be on the Patriots’ side as legal proceedings could take two to three years, with a possible appeal adding more time. There is no legal evidence of the votes that excluded the Patriots from top jobs, making it difficult to challenge the decision before the European Court of Justice. The Rules of procedure of the European Parliament only provide for respect of “an overall fair representation of political views” during the election of candidates to leadership positions, which gives little leeway for Bardella and Gál to challenge the exclusion.
The European Conservatives and Reformists Party (ECR) managed to secure some leadership positions despite being regarded as eurosceptic, leading to debates about the cordon sanitaire’s effectiveness. The Court may advise Bardella and Gál to settle the political feud themselves, as the exclusion is seen as a political custom rather than hard law. Past legal battles around the constitution of political groups have been settled through political deals rather than legal means, indicating that the Court may not intervene in this case.
There is a possibility that the European Parliament could withdraw the mention of political balance from its rules of procedure in response to the challenge by the Patriots. However, this decision would be purely internal and not dictated by any treaties. If the Court ruled in favor of Bardella and Gál, it would have significant implications for the Parliament and its internal organization. The outcome of this legal challenge could potentially change the dynamics within the European Parliament and impact future decision-making processes.
The Patriots did not provide a comment on the legal challenge, highlighting the complexity and sensitivity of the issue at hand. The outcome of this legal battle could have far-reaching implications for the Patriots, the cordon sanitaire practice, and the overall functioning of the European Parliament. Despite the uncertainty surrounding the case, experts believe that the likelihood of a successful outcome for the Patriots is slim, given the political nature of the issue and the lack of concrete legal grounds for their complaint. The future of this challenge remains uncertain, with potential repercussions for both the Patriots and the European Parliament as a whole.
