The European Parliament adopted a resolution drafted by Giuseppe GARGANI (EPP-ED, IT) by 406 votes for, 125 against and 36 abstentions. The report concerned the verification of credentials of Mr Beniamino Donnici. The European Parliament declared the mandate as Member of the European Parliament of Beniamino Donnici to be invalid, and it c onfirmed the validity of the mandate of Achille Occhetto, in total opposition to the decision made by the electoral authorities in Italy.

To recall, at the June 2004 elections to the European Parliament, Mr Beniamino Donnici was a candidate on the Società civile DI PIETRO-OCCHETTO list, which had won two seats in two constituencies. Mr Achille Occhetto (who was first on the list of the candidates who had not been elected in either constituency) declared that he would withdraw as a candidate for election to the European Parliament. Those elected in the first constituency were Mr Giulietto Chiesa (who came immediately after Mr Achille Occhetto on the list) and Mr Beniamino Donnici (who was third on the list in the other constituency and was promoted to the top of the list of those who had not been elected). Following the parliamentary elections held in Italy, Mr Antonio Di Pietro stood down as an MEP, since he had been elected as a Member of the Italian Parliament. Mr Achille Occhetto asked to be allowed to replace Mr Antonio Di Pietro as the first of those who had not been elected in the Italy South constituency and he revoked his earlier decision to withdraw. Thus the National Electoral Office for the European Parliament at the Court of Appeal declared Mr Achille Occhetto elected as a Member of the European Parliament in his capacity as the first of those who had not secured election in that constituency. By means of an appeal submitted to the Lazio Regional Administrative Tribunal, Mr Beniamino Donnici challenged the action taken by the National Electoral Office. This was rejected by the Regional Tribunal but accepted on appeal by the Council of State, which annulled the proclamation of Mr Achille Occhetto as a Member of the European Parliament.

The European Parliament considered that Mr Achille Occhetto's withdrawal was not in accordance with the spirit and the letter of Article 6 of the 1976 Act concerning the election of the representatives of the European Parliament, pursuant to which representatives shall not be bound by any instructions and shall not receive a binding mandate. It stated that the concept of Members' freedom and independence was most definitely a key principle. Parliament also referred to Article 2 of the Members' Statute (due to come into force in 2009 ) stating that Members shall be free and independent and that agreements concerning the resignation from office of a Member before or at the end of a parliamentary term shall be null and void. It referred, too, to its role as a representative of Europe's citizens, its duty to uphold the sacrosanct principles of the will of the people and to its own independence. These do not allow the individual Member States to interfere with the European Parliament's composition.

Parliament concluded that Mr Achille Occhetto's withdrawal was null and void, since it is essential to the validity of his successor's mandate, and Parliament issued a negative opinion when verifying Mr Beniamino Donnici's credentials. Parliament felt that it was not bound by the decision taken by the Council of State since the latter went against the principles laid down in the 1976 Act - principles in respect of which Parliament's may be said to have a reserved jurisdiction. Parliament may legitimately deny the validity of Mr Beniamino Donnici's mandate and, at the same time, ignore the decision taken by the Italian court, since the latter goes against the spirit and the letter of the 1976 Act. Mr Achille Occhetto's mandate is thus safeguarded.