12 Amendments of Giuseppe GARGANI related to 2013/2031(REG)
Amendment 15 #
Rule 6 – paragraph 1
1. In the exercise of its powers in respect of privileges and immunities, Parliament shall seek primarilyacts to uphold its integrity as a democratic legislative assembly and to secure the independence of its Members in the performance of their duties.
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 17 #
Rule 6 – 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. Parliament assesses whether the legal action requiring the waiver is motivated by a will to impede the functioning of Parliament or to attack the Member because of his or her membership of Parliament.
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 – paragraph 1 c (new)
1c. The request for waiver of immunity is evaluated in accordance with the provisions of Articles 7, 8 and 9 of the Protocol on the Privileges and Immunities of the European Union and with the principles referred to in this Rule.
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 6 a (new)
Rule 6a – Defence of immunity 1. In cases where the privileges or 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 the defence of those privileges or immunities. 2. 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 facts, whether or not a decision has been taken at that time. 3. 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. 4. In cases where a decision has been taken not to defend the immunity of a Member, the Member may make a request to reconsider the decision only in the light of new facts. No request for defence shall be entertained where the matter to which the request relates is already before the Court of Justice.
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 24 #
Rule 7 – paragraph 3 b (new)
3b. The competent committee shall consider whether the opinion expressed by the Member with respect to issues of general interest has a link with the performance of his duties as a representative of the European people.
Amendment 25 #
Rule 7 – paragraph 6
6. In cases concerning the defence of immunity or privileges, the committee shall stateassess whether 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 which are not a matter of national law, and shall make a proposal to invite the authority concerned to draw the necessary conclusions.