7 Amendments of Rainer WIELAND related to 2013/2031(REG)
Amendment 16 #
Rule 6 – paragraph 1
1. In the exercise of its powers in respect of privileges and immunities, Parliament shall seek primarily to uphold its integrity as a democratic legislative assembly and to secure the independence of its Members in the performance of their duties. Parliament may not waive the immunity provided for in Article 8 of the Protocol on the Privileges and Immunities of the European Union.
Amendment 16 #
Rule 5 – paragraph 1 a (new)
1a. Parliamentary immunity is not a Member’s personal privilege, but a guarantee of the independence of Parliament as a whole and its Members.
Amendment 18 #
Rule 6 – paragraph 1 b (new)
1b. Acting on its own initiative or at the request of the Member concerned, Parliament may, at any stage of the procedure, review a decision to waive or defend immunity if the circumstances giving rise to an earlier decision have materially altered or if, given the course of the procedure to date, such action seems warranted.
Amendment 19 #
Rule 6 a (new)
Rule 6a Defence of privileges and immunity 1. In cases where the privileges and immunities of a Member or former Member are alleged to have been breached by the authorities of a Member State, a request for a Parliament decision as to whether there has, in fact, been a breach of those privileges and immunities may be made in accordance with Rule 7(-1). 2. In particular, such a request for the defence of privileges and immunities may be made if it is considered that the circumstances constitute an administrative or other restriction imposed on the free movement of Members travelling to or from the place of meeting of Parliament or on an opinion expressed or a vote cast in the performance of the mandate or that they fall within aspects of Article 9 of the Protocol on Privileges and Immunities of the European Union. 3. A request for the defence of the privileges and immunities of a Member shall not be admissible if a request for the waiver or defence of that Member’s immunity has already been received in respect of the same legal proceedings, whether or not a decision has been taken at that time. 4. No further consideration shall be given to a request for the defence of the privileges and immunities of a Member if a request for the waiver of that Member’s immunity is received in respect of the same legal proceedings. 5. In cases where a decision has been taken not to defend the privileges and immunities of a Member, the Member may make a request to reconsider the decision, submitting new evidence. The request for reconsideration shall be inadmissible if proceedings have been instituted against the decision under Article 263 TFEU, or if the President considers that the new evidence submitted is not sufficiently substantiated to warrant reconsideration.
Amendment 20 #
Rule 7 – paragraph -1 (new)
-1. A competent authority of a Member State may address a request to the President to waive a Member’s immunity; a Member or a former Member may address a request to the President to defend privileges and immunities. Such requests shall be announced in Parliament and referred to the committee responsible.
Amendment 21 #
Rule 7 – paragraph 12 a (new)
12a. The committee shall lay down principles for the application of this Rule.
Amendment 22 #
Rule 6 a (new)
Defence of immunity 1. In cases where the privileges and immunities of a Member or former Member are alleged to have been breached by the authorities of a Member State, a request may be made for a Parliament decision as to whether there has, in fact, been a breach of those privileges and immunities. That decision shall invite the authority concerned to draw the necessary conclusions. 2. In particular, a request for the defence of immunity or privileges may be made if it is considered that the circumstances constitute an administrative or other restriction imposed on the free movement of Members travelling to or from the place of meeting of Parliament or an opinion expressed or a vote cast in the performance of the mandate or fall within aspects of Article 9 of the Protocol on Privileges and Immunities. 3. Acting on its own authority or at the request of the Member concerned, Parliament may, at any stage of the procedure, review a decision to waive or defend immunity if the circumstances giving rise to an earlier decision have materially altered or if, given the course of the procedure to date, such action seems warranted.