The European Court of Justice (ECJ) dismissed complaints from representatives of French far-right party National Rally on Thursday, who protested against the ban on displaying national flags in the European Parliament's debating chamber.
The ECJ clarified that "the flying of Member State flags at elected officials' desks in Parliament contradicts their representative role as outlined by European treaties." Its ruling emphasised that parliamentary proceedings are typically characterised by oral tradition, whereby MEPs express their views through debate rather than other forms of expression such as flag display.
The petitioners, comprising 11 French and two German representatives, protested against what they deemed an infringement of their freedom of expression. This conflict dates back to early 2020, in the wake of Brexit, when UK elected officials unfurled Union Jacks during their final parliamentary sessions.
Particularly notable was former British politician Nigel Farage, a strong Brexit advocate, who waved his national flag during his last speech in the Brussels debating chamber on 29 January 2020: the day MEPs voted on the UK's withdrawal from the EU. However, the European Parliament's internal regulations, stipulated in Article 10 devoted to "maintaining session order," prohibit the display of "banners or flags."
In one incident at a plenary session in January 2020, the former parliament president, Italian socialist David Sassoli, orally reminded participants about the rule. A few weeks later, representatives appealed against the ban at the European Union court. They were initially dismissed in October 2021 after their action was deemed inadmissible.
Their final appeal was rejected on Thursday again by the ECJ. The Court agreed with the original judgment, stating that the disputed measure wasn't contestable under EU law.
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Among the petitioners were right-wing Alternative for Germany party officials Gunnar Beck and Nicolaus Fest, and French Nationally Rally President Jordan Bardella, alongside Jean-Paul Garraud, Thierry Mariani and others from the Identity & Democracy group in the European Parliament.
Non-aligned MEPs Gilbert Collard and Jérôme Rivière, who have joined France's nationalist Reconquête party led by Eric Zemmour, were also involved.
The complainants were ordered by the Court to pay the legal costs the European Parliament incurred throughout the proceedings.
