The requirements for acquisition of the status of meber of the European Parliament: the case of Carles Puigdemont and Antonio Comín Commentary on the judgment of the Court of Justice of the European Union (Fourth Chamber) of 26 September 2024. Case C-600/22 P

Abstract

In this pronouncement, the Court of Justice of the European Union establishes a definitive criterion on the distribution of competences between the Member States and the Union in electoral matters. Specifically, on
the recognition of the status of members of the European Parliament. It affirms, consolidating a doctrine reiterated in previous judgments, that this institution cannot question the list of elected candidates that (coinciding or not with the initial proclamation) is sent by the national authorities. Thus, as long as the Electoral Act or Ley Orgánica 5/1985, del Régimen Electoral General (Institutional Law 5/1985 on the general electoral regime) of 19 June 1985, is not modified, the requirement of acceptance of the Constitution will continue to be necessary in Spain by virtue of article 224.2 of the latter.