Technical Group of Independents (1999–2001)
Encyclopedia
The Technical Group of Independent Members was a heterogeneous political group with seats in the European Parliament
between 1999 and 2001. Unlike other political groups of the European Parliament, it did not have a coherent political complexion. Its existence prompted a five-year examination of whether mixed Groups were compatible with the Parliament. After multiple appeals to the European Court of First Instance (now known as the General Court) and the European Court of Justice
, the question was finally answered: overtly mixed Groups would not be allowed.
Front National, the regionalist
-separatist
Lega Nord of Italy
, and liberal
Italian
Bonino List
. Further, the 19 July letter ("constituent declaration") setting up the Group emphasised the political independence of the Group members from each other:
At the plenary sitting of 20 July 1999 the President of Parliament announced that the TGI Group had been set up.
to give an interpretation. The Committee on Constitutional Affairs ruled that the constituent declaration broke Rule 29(1), stating that:
The first appeal (Case T-222/99R) was upheld, and the act of 14 September 1999 was suspended by the Court of First Instance on 25 November 1999.
as a corporate entity and from Emma Bonino, Marco Pannella, Marco Cappato, Gianfranco Dell’Alba, Benedetto Della Vedova, Olivier Dupuis and Maurizio Turco as individuals.
On 2 October 2001, the Court of First Instance delivered its verdict (2002/C 17/20). It found that Article 230 of the EC Treaty did not contradict the act of 14 September 1999. It joined together the three appeals, dismissed them, and ordered the applicants to pay costs.
announced that the Court of First Instance had declared against the appeal and that the disbandment was back in effect from October 2, 2001, the date of the declaration. TGI appeared on the list of Political Groups in the European Parliament for the last time on October 4, 2001.
, (the ungrouped members). These changes were later implemented.
(Rule 31), and who decides what positions each Group gets (Rule 32).
The requirement for a common affinity is on a "don't ask, don't tell" basis: the Groups are assumed to have one by virtue of their existence and provided they do not obviously act in a manner contrary to that assumption, the Parliament will not enquire too closely. If the Group members do deny their common affinity, then the Group may be challenged and dissolved. The exact wording of Rule 29, part 1 is:
These requirements had implications for the formulation of the far-right Group called "Identity, Tradition, Sovereignty
" in 2007.
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
between 1999 and 2001. Unlike other political groups of the European Parliament, it did not have a coherent political complexion. Its existence prompted a five-year examination of whether mixed Groups were compatible with the Parliament. After multiple appeals to the European Court of First Instance (now known as the General Court) and the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
, the question was finally answered: overtly mixed Groups would not be allowed.
Creation of TGI
MEPs in the European Parliament form themselves into Groups along ideological, not national, lines. Each Group is assumed to have a common set of political principles, (known as a common "affinity", or "complexion"), and each Group thus formed is granted benefits. This puts MEPs who cannot form themselves into Groups at a disadvantage. In the Parliament's past, they got around this by forming Groups with only tenuous common ground, and Parliament turned a blind eye. But the crunch point arrived on 20 July 1999, when a Group called "TGI" ("TDI" in French, from "technique des deputes indépendants") was formed. The Group consisted of the spectacularly unlikely partnership of the far-right FrenchFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
Front National, the regionalist
Regionalism (politics)
Regionalism is a term used in international relations. Regionalism also constitutes one of the three constituents of the international commercial system...
-separatist
Separatism
Separatism is the advocacy of a state of cultural, ethnic, tribal, religious, racial, governmental or gender separation from the larger group. While it often refers to full political secession, separatist groups may seek nothing more than greater autonomy...
Lega Nord of Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, and liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
Italian
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
Bonino List
Bonino List
Bonino List was a strongly libertarian Radical electoral list active in the 1990s and the 2000s in Italy. Named for Emma Bonino, a leading Radical who had been member of the European Commission from 1995 to 1999 , after the unsuccessful "Emma for President" campaign, it was the successor of the...
. Further, the 19 July letter ("constituent declaration") setting up the Group emphasised the political independence of the Group members from each other:
At the plenary sitting of 20 July 1999 the President of Parliament announced that the TGI Group had been set up.
Objections to its creation
Believing that the conditions laid down by the Rules of Procedure of the European Parliament for establishing Groups had not been met, the leaders of the other Groups called for the Committee on Constitutional AffairsCommittee on Constitutional Affairs
The Committee on Constitutional Affairs is a committee of the European Parliament dealing with institutional matters such as the treaties and the Parliament's rules of procedure. As of 2008, it is chaired by Jo Leinen MEP .-External links:*...
to give an interpretation. The Committee on Constitutional Affairs ruled that the constituent declaration broke Rule 29(1), stating that:
First dissolution
Parliament was notified on 13 September 1999 of the ruling. TGI members made two proposals to amend the Rules of Procedure and allow mixed Groups to be formed, (one of which was signed by 68 other members), but the next day Parliament adopted (412 to 56 with 36 abstentions) the Committee on Constitutional Affairs's interpretation of Rule 29, forcibly dissolving the Group ("the act of 14 September 1999"), and making 13 September 1999 the last day of the Group's existence.Appeals to the Court of First Instance
On 5 October 1999, Jean-Claude Martinez MEP and Charles de Gaulle MEP lodged two appeals with the Court of First Instance. The first one (Case T-222/99R) was based on Article 242 of the EC Treaty and was intended to suspend the enforcement of the act of 14 September 1999. The second one (Case T-222/99) was based on Article 230 of the EC Treaty and was intended to annul the act of 14 September 1999.The first appeal (Case T-222/99R) was upheld, and the act of 14 September 1999 was suspended by the Court of First Instance on 25 November 1999.
Resurrection
The Group was temporarily resurrected on December 1, 1999 until the Court came to a decision on the second appeal. The Budget for the year was somewhat advanced, but the Committee on Budgets managed to come up with the money to give TGI the secretarial allowances and 14 temporary posts that a Group of its size was entitled to.Court of First Instance rejects the appeals
Meanwhile the second appeal (Case T-222/99) had been joined by two others, one (Case T-327/99) from the Front National as a corporate entity, the other (T-329/99) from the Bonino ListBonino List
Bonino List was a strongly libertarian Radical electoral list active in the 1990s and the 2000s in Italy. Named for Emma Bonino, a leading Radical who had been member of the European Commission from 1995 to 1999 , after the unsuccessful "Emma for President" campaign, it was the successor of the...
as a corporate entity and from Emma Bonino, Marco Pannella, Marco Cappato, Gianfranco Dell’Alba, Benedetto Della Vedova, Olivier Dupuis and Maurizio Turco as individuals.
On 2 October 2001, the Court of First Instance delivered its verdict (2002/C 17/20). It found that Article 230 of the EC Treaty did not contradict the act of 14 September 1999. It joined together the three appeals, dismissed them, and ordered the applicants to pay costs.
Second dissolution
President FontaineNicole Fontaine
Nicole Fontaine is a French politician and Member of the European Parliament for the Île-de-France. She is a member of the Union for a Popular Movement, part of the European People's Party...
announced that the Court of First Instance had declared against the appeal and that the disbandment was back in effect from October 2, 2001, the date of the declaration. TGI appeared on the list of Political Groups in the European Parliament for the last time on October 4, 2001.
Appeals to the European Court of Justice
On 11 October 2001, Gianfranco Dell'Alba on behalf of TGI announced that they would appeal the Court of First Instance's decision to the European Court of Justice. In the event, two appeals were lodged with the ECJ: one (Case C-486/01 P) from the Front National as a corporate entity on 17 December 2001, the other (Case C-488/01 P) from Jean-Claude Martinez as an individual on 11 December 2001.European Court of Justice rejects the appeals
The Martinez appeal was thrown out (2004/C 59/03) and the applicant ordered to pay costs on November 11, 2003. The Front National appeal dragged out for another six months, but in the end it was also thrown out (2004/C 217/01) and the applicant ordered to pay costs on 29 June 2004.Final result
After five years and several appeals to the Court of First Instance and the Court of Justice, the principle was settled: mixed Groups would not be allowed to exist.Consequences
Whilst the Parliament and Courts concerned themselves with the existence of TGI, the Committee on Constitutional Affairs examined the implications of mixed Groups and the wider issue of political Groups per se.Rationale for Groups
During their deliberations in December 1999, the Committee on Constitutional Affairs laid down the rationale for the existence of Groups:Changes to the Rules of Procedure
In August 2003, the Committee recommended changes to the Rules of Procedure which would establish the benefits and funding to be provided to the Groups, and similarly those for the Non-InscritsNon-Inscrits
Non-Inscrits are Members of the European Parliament who do not sit in one of the recognized political groups....
, (the ungrouped members). These changes were later implemented.
Situation at February 2008
As of February 2008, the Parliament's Rules of Procedure formulate the requirement for Groups to have a common political affinity (Rule 29), define Groups as bodies that are part of the European Union (Rule 30), establish benefits available to the Groups (Rule 30) and Non-InscritsNon-Inscrits
Non-Inscrits are Members of the European Parliament who do not sit in one of the recognized political groups....
(Rule 31), and who decides what positions each Group gets (Rule 32).
The requirement for a common affinity is on a "don't ask, don't tell" basis: the Groups are assumed to have one by virtue of their existence and provided they do not obviously act in a manner contrary to that assumption, the Parliament will not enquire too closely. If the Group members do deny their common affinity, then the Group may be challenged and dissolved. The exact wording of Rule 29, part 1 is:
These requirements had implications for the formulation of the far-right Group called "Identity, Tradition, Sovereignty
Identity, Tradition, Sovereignty
thumb|right|Group logoIdentity, Tradition, Sovereignty was a political group in the European Parliament composed of 23 members from European parties variously described as right-wing and nationalist...
" in 2007.
Member Parties at 23 July 1999
The Group was founded on July 20 with 29 members, but nine members (Angelilli, Berlato, Fini, Musumeci, Muscardini, Nobilia, Poli Bortone, Segni and Turchi) left on July 21 and two members (Atxalandabaso and Formentini) left on July 22, leaving a membership of 18 by July 23.| Member state | MEP Member of the European Parliament A Member of the European Parliament is a person who has been elected to the European Parliament. The name of MEPs differ in different languages, with terms such as europarliamentarian or eurodeputy being common in Romance language-speaking areas.When the European Parliament was first established,... s |
Party | MEP Member of the European Parliament A Member of the European Parliament is a person who has been elected to the European Parliament. The name of MEPs differ in different languages, with terms such as europarliamentarian or eurodeputy being common in Romance language-speaking areas.When the European Parliament was first established,... s |
Notes |
|---|---|---|---|---|
| France France The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France... |
5 | Front National | 5 | Bruno Gollnisch Bruno Gollnisch Bruno Gollnisch is a French academic and politician, a member of the National Front far-right party, and a member of the European Parliament. He was chairman of the European Parliamentary group 'Identity, Tradition, Sovereignty' in 2007, which was dissolved in November 2007 following the... , Carl Lang Carl Lang Carl Lang is a French politician and Member of the European Parliament for the north-west of France. He was member of the National Front from 1978 to 2008; he is currently president and co-founder of the Party of France... , Charles De Gaulle, Jean-Claude Martinez Jean-Claude Martinez Jean-Claude Martinez is a French politician and Member of the European Parliament for the south-west of France. He was a member of the Front National, and was among the Non-Inscrits until the 2007 formation of the Identity, Tradition, Sovereignty Group in the European Parliament... , Jean-Marie Le Pen Jean-Marie Le Pen Jean-Marie Le Pen is a French far right-wing and nationalist politician who is founder and former president of the Front National party. Le Pen has run for the French presidency five times, most notably in 2002, when in a surprise upset he came second, polling more votes in the first round than... |
| Belgium Belgium Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many... |
2 | Vlaams Blok Vlaams Blok The Vlaams Blok was a Belgian far-right and secessionist political party with an anti-immigration platform. Its ideologies embraced Flemish nationalism, calling for the independence of Flanders. From its creation in 1978, it was the most notable militant right wing of the Flemish movement. Vlaams... |
2 | Frank Vanhecke Frank Vanhecke Frank Arthur Hyppolite Vanhecke started his career in Belgian politics as a student by joining the Jong Studentenverbond and later the Nationalistische Studentenvereniging. He gave up his membership of the Volksunie in 1977 after it acceded to a much-debated package of federal reforms... , Karel C.C. Dillen Karel Dillen Karel Cornelia Constentijn Dillen was a Flemish politician and a Flemish nationalist. In 1977 he established the Vlaams Nationale Partij , which became Vlaams Blok at the elections of 1978... |
| Italy Italy Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and... |
11 | Bonino List Bonino List Bonino List was a strongly libertarian Radical electoral list active in the 1990s and the 2000s in Italy. Named for Emma Bonino, a leading Radical who had been member of the European Commission from 1995 to 1999 , after the unsuccessful "Emma for President" campaign, it was the successor of the... |
7 | Benedetto Della Vedova Benedetto Della Vedova Benedetto Della Vedova is an Italian politician, formerly the leader of Liberal Reformers, a minor liberal and libertarian party, and currently member of The Liberal Part, a liberal faction within the centre-right People of Freedom party.-Biography:His political experience began in 1994 with the... , Emma Bonino Emma Bonino Emma Bonino is an Italian politician, former Member of the European Parliament and current Member of the Italian Senate. She is a leading member of the Italian Radicals, a political party that supports economic and social libertarianism, and human rights... , Gianfranco Dell'alba, Marco Cappato Marco Cappato Marco Cappato is an Italian politician. He was a Member of the European Parliament from Italy until 2009. He represented the Lista Emma Bonino within the Alliance of Liberals and Democrats for Europe parliamentary group. He was Member of the Foreign Affairs, the Civil Liberties and Human Rights... , Marco Pannella Marco Pannella Giacinto Pannella, better known as Marco Pannella is an Italian politician.He is the historic leader of the Italian Radicals... , Maurizio Turco, Olivier Dupuis |
| Lega Nord | 3 | Francesco Enrico Speroni Francesco Speroni Francesco Enrico Speroni is an Italian politician and Member of the European Parliament for the North-West Italy constituency, first elected in the 2004 European Parliament election... , Umberto Bossi Umberto Bossi Umberto Bossi is an Italian politician, leader of the Northern League, a party seeking autonomy or independence for Northern Italy. He is married to Manuela Marrone and has four sons .... , Gian Paolo Gobbo |
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| Tricolour Flame | 1 | Roberto Felice Bigliardo | ||