The far-right political group known as the Patriots for Europe is challenging the cordon sanitaire that has excluded its MEPs from top jobs within the European Parliament. MEP Jordan Bardella, president of the Patriots for Europe group, has filed a complaint to the European Court of Justice, joined by fellow MEP Kinga Gál. The cordon sanitaire is a practice where centrist pro-European groups band together to prevent right-wing fringe parties from obtaining leadership positions in the Parliament. Despite achieving good results in elections, the Patriots have been unable to secure high-level positions due to this practice.
Legal experts believe that the challenge led by Bardella and Gál is unlikely to succeed and will likely not be resolved before the current Parliamentary mandate comes to an end. The timeline for the legal process, with potential appeals, could stretch over several years, making it unlikely for a resolution to be reached before the end of the current Parliament. The lack of legal evidence regarding the votes that excluded the Patriots further complicates the case, as there is no concrete legal ground for the complaint before European judges.
The Rules of Procedure of the European Parliament only offer limited scope for Bardella and Gál to challenge their exclusion from leadership positions. These rules mandate the respect of an overall fair representation of political views during the election of candidates to leadership roles in the Parliament. However, the vagueness of these rules and the success of other eurosceptic parties in obtaining leadership positions suggest that the political balance of the Parliament is being respected. This leaves little room for the Patriots to challenge their exclusion based on legal grounds.
There have been past legal battles surrounding the formation of political groups within the European Parliament that the European Court of Justice has refused to consider, instead opting for political solutions to resolve the disputes. The cordon sanitaire is seen as a political custom rather than a hard legal rule, giving the Parliament the authority to decide on its internal organization. If the Court were to rule in favor of Bardella and Gál, it could have significant implications for the Parliament and the practice of excluding certain parties from top positions.
Experts suggest that the Parliament could potentially withdraw the mention of political balance from its rules of procedure as a response to a ruling in favor of the Patriots. However, this decision would be purely internal and not mandated by any legislative text. Ultimately, the outcome of the legal challenge will depend on the interpretation of the law by the European Court of Justice and whether they consider the exclusion of the Patriots from top jobs to be a legal prejudice. The Patriots did not respond to requests for comment on the legal challenge.
