Print   

Court of Justice of the European Communities

Joined Cases T-222/99, T-327/99 et T-329/99, 2 October 2001

Martinez and others v. Parliament

(excerpts)

§ 232 Nevertheless, even if that principle were intended to apply to the internal organization of the Parliament, it should be stressed that it is not absolute. Restrictions may be imposed, for legitimate reasons, on the exercise of freedom of association, provided that those restrictions do not constitute, with regard to the aim pursued, disproportionate and unreasonable interference undermining the very substance of that right (…)

§ 233 In the present case, the principle of freedom of association does not preclude the Parliament in the context of its power of internal organization from making formation of a group of Members of the Parliament subject to a requirement of political affinity dictated by the pursuit of legitimate objectives (…) and from prohibiting, as in the act of 14 September 1999, the formation of a group which, like the TDI Group, is in patent breach of that requirement. Such measures, which are based on legitimate grounds, do not affect the right of Members concerned to organize themselves into a group provided that the conditions laid down in that connection by the Rules are observed.

§ 234 In those circumstances the principle of freedom of association cannot effectively be relied on by Messrs Martinez and De Gaulle in order to challenge the validity of the interpretation of Rule 29(1) of the Rules of Procedure adopted by the Parliament and its refusal to recognize the TDI Group.