The European Parliament says there is "sufficient evidence" to report a MEP for sexual harassment

BrusselsThe European Parliament's investigation has sided with the former parliamentary assistant who accused Junts-elect MEP Toni Comín of sexual and psychological harassment. The European Parliament asserts that it has investigated and interviewed several "credible witnesses" who "confirm" the "allegations" reported by the worker parliamentarian, and claims he has "sufficient evidence" of "prima facie" which "justify" taking the case of the former regional minister in exile to court, according to a confidential resolution from the European Parliament to which ARA has had access. For his part, Comín asserts in this newspaper that he "has never been called" by the European Parliament "to explain the truth of the events," categorically denies "all the accusations," and warns that he "reserves the right to take legal action against those who are making false accusations with the intent to defame."

The European Parliament points out that, based on testimonies and a "preliminary study" conducted following an investigation by the Parliament's own services, the Junts MEP's behavior "could be considered psychological and sexual harassment" according to the rules of the European institutions. Thus, the European Parliament defends "the continuation of the proceedings" against the Junts representative in the ordinary courts and even offers to provide "financial support" to the former assistant and cover his legal fees.

The The resolution considers that Comín may have violated the section of the regulations that defines psychological harassment as "any abusive conduct that is persistent, repeated, or systematic, involving intentional behaviors, words, actions, gestures, or written communications that undermine a person's personality, dignity, or physical or mental integrity"; as well as sexual harassment, which it defines as "any conduct of a sexual nature that is unwanted by the person to whom it is directed and that has the purpose or effect of violating their dignity or creating an intimidating, hostile, offensive, or disturbing environment." The complaint against Comín in the European Parliament refers to "touching, insinuations, and questioning about the sex life" of the former assistant by the elected MEP, as well as "workplace mistreatment, including reprimands [...] and threats of dismissal." It also accuses the former regional minister of "reproaches, shouting, and inappropriate and sexually charged comments."

The former advisor also alleged that the former regional minister's "seeking of physical contact" escalated over time, reaching "unbearable moments." On one occasion, for example, he recounts that Comín surprised him while he was getting dressed and stared at him "lewdly," and had invaded his privacy by using his sink and shower towel.

Sources within the European Parliament explained to this newspaper that, had Comín held his seat as a Member of the European Parliament, the President of the European Parliament would have announced the conclusion of the investigation and the potential sanctions that could be applied to him in accordance with EU regulations during the plenary session. However, since Comín does not hold the seat, the European Parliament cannot make public the resolution to which this newspaper has had access, nor is its president, Roberta Metsola, "in a position to make any decision" on the matter or to apply a punishment, since "she only has disciplinary powers over MEPs" who are full-fledged members. The European Parliament's rules of procedure include, as possible sanctions, the withdrawal of allowances received by MEPs for between two and sixty days. That is, between approximately 718 and 21,540 euros. The European Parliament can also prohibit the MEP from representing the institution in an interparliamentary delegation or in any interinstitutional forum for up to one year, and can temporarily remove them from any positions they hold within the European Parliament. Their parliamentary activity can also be restricted, for example, preventing them from participating in meetings or committees for up to sixty days. In no case, however, can he be expelled from the European Parliament or have his voting rights revoked.

Comín's case in the European Parliament is closed. However, MEP sources explain that, should the former Catalan Minister of Health ultimately obtain his seat as an MEP and face a new complaint, the investigation already conducted and the resulting resolution will still be valid. Nevertheless, Comín could also appeal the investigation's conclusions, which this newspaper has obtained, both in the European Parliament and in the ordinary courts.

The MEPs who handled the Comín case

Sources within the European Parliament told ARA that the parliamentary committee conducting the investigation, known as the Advisory Committee, is composed of six members. Three of them are MEPs, appointed by the President of the European Parliament, the Maltese conservative Roberta Metsola. This term, they are the Luxembourgish social democrat Marc Angel, the French liberal Fabienne Keller, and the Bulgarian conservative Andrey Kovatchev. Another member is the head of a secretariat created specifically for this committee, and the remaining two are parliamentary assistants. For each case received, a member of the Advisory Committee is appointed to lead the investigation. This person cannot belong to the same parliamentary group as the accused—Junts is not affiliated with any European political family. The committee is also supported by civil servants from this secretariat who have received appropriate training to handle these types of complaints. They also have two officials from the European Parliament's medical and legal services, who are chosen by the Secretary-General of the European Parliament, Alessandro Chiocchetti. However, regulations require that the Advisory Committee be composed of representatives of different genders and political affiliations. "The Committee and its members will work with full autonomy, independence, impartiality, and confidentiality," adds the regulations governing this body, which are also not publicly available.

It should be remembered that Comín, who is in exile, cannot serve as a Member of the European Parliament because the Spanish authorities require him to swear allegiance to the Constitution in person in Madrid to obtain his credentials. The amnesty has not yet been applied to him, and therefore he would risk being arrested if he were to enter Spanish territory. Currently, his case is before the European Court of Justice, which must decide whether the European Parliament will grant him his credentials even though he will not swear allegiance to the Constitution in the Spanish capital.

Comín: "I reserve the right to take legal action."

The Junts MEP-elect told ARA that the European Parliament has "never informed him of this resolution" and that they haven't called him to give his version of events. "This is an absolutely preliminary resolution that, in any case, was issued without any opportunity for the parties to present their arguments," the former Catalan Minister of Health asserted. Along the same lines, Comín "categorically denies all the accusations" and claims to have "more than enough evidence and testimonies to prove their falsity." "Obviously, I reserve the right to take appropriate legal action against those who are making false accusations with the intent to defame," the Junts member warned. He also expressed his "surprise" that a "European Parliament resolution," dated September 29 of last year, has come to the attention of the press "after so many months." Sources within the Junts leadership, however, maintain that they have no official record of this confidential resolution.