BETA


2005/2075(REG) EP Rules of Procedure, Rule 9: code of conduct for Members

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead AFCO ONESTA Gérard (icon: Verts/ALE Verts/ALE)
Lead committee dossier:
Legal Basis:
RoP 237-p1

Events

2006/02/09
   EC - Commission response to text adopted in plenary
Documents
2006/01/19
   EP - Results of vote in Parliament
2006/01/19
   EP - Decision by Parliament
Details

The European Parliament adopted a resolution drafted by Gérard ONESTA (Greens/EFA, FR) with 399 votes in favour, 90 against and 35 abstentions. The resolution makes a number of changes to Parliament's Rules of Procedure, aimed at updating the provisions on MEPs' conduct during debates. (Please refer to the summary of 15/12/2005.) It notably adapts and clarifies the powers granted to Parliament's President to penalise Members who disturb parliamentary sittings.

The rules state that Members’ conduct shall be characterised by mutual respect, be based on the values and principles laid down in the basic texts on which the European Union is founded, respect the dignity of Parliament and not compromise the smooth conduct of parliamentary business or disturb the peace and quiet of any of Parliament's premises. The President will call to order any Member who disrupts the smooth conduct of the proceedings.

The amendments to the provisions on "Order in the Chamber" give slightly stronger powers to the President, in that they enable him to deny an offending Member the right to speak and also enable him to exclude that person from the Chamber immediately, without a second call to order, "in cases of exceptional seriousness".

Under the new rules, MEPs face a range of penalties in “exceptionally serious cases of disorder or disruption” of the Parliament's proceedings. These include:

-a reprimand;

-forfeiture of entitlement to the daily subsistence allowance for a period of between 2 and 10;

-without prejudice to the right to vote in plenary, and subject, in this instance, to strict compliance with the Members' standards of conducts, temporary suspension, for a period of between 2 and 10 consecutive days on which Parliament or any of its bodies, committees or delegations meet, from participation in all or some of the activities of Parliament;

- submission to the Conference of Presidents of a proposal for the Member's suspension or removal from one or more of the elected offices held by the Member in Parliament.

The rules also state that, when assessing the conduct observed, account shall be taken of its exceptional, recurrent or permanent nature and of its seriousness, on the basis of the guidelines annexed to the Rules of Procedure.

There is a clear distinction between acceptable and unacceptable types of behaviour in the Parliament. A distinction should be drawn between visual actions, which may be tolerated, provided they are not offensive and/or defamatory, remain within reasonable bounds and do not lead to conflict, and those which actively disrupt any parliamentary activity whatsoever.

Finally, the new rules will provide a formal appeal procedure for the first time. Members will be able to appeal to the bureau against a decision within two weeks of being notified about the penalty. The bureau will then have four weeks to decide whether to repeal, amend or reduce the penalty. If there is no decision within four weeks, the penalties lapse.

Documents
2006/01/19
   EP - End of procedure in Parliament
2006/01/18
   EP - Debate in Parliament
2005/12/16
   EP - Committee report tabled for plenary, single reading
Documents
2005/12/16
   EP - Committee report tabled for plenary
Documents
2005/12/15
   EP - Vote in committee
Details

The committee adopted the report by Gérard ONESTA (Greens/EFA, FR) on amending Parliament's Rules of Procedure with regard to standards for the conduct of MEPs. The aim was to adapt existing provisions to recent cases of disturbance and to set clear rules for imposing sanctions on an MEP.

Two new rules set out the basic principles which should underpin these provisions: ensuring that Members' conduct was "characterised by mutual respect", that it respected the "dignity of Parliament" and did not "compromise the smooth conduct of parliamentary business or disturb the peace and quiet of any of Parliament's premises", while at the same time ensuring that the application of this rule did not "detract from the liveliness of parliamentary debates nor undermine Members' freedom of speech".

In a new Annex on guidelines for the interpretation of standards of conduct, a distinction was drawn between "visual actions" (which may be tolerated) and those which "actively disrupt any parliamentary activity whatsoever". It was also specified that "the President or his representatives" would exercise disciplinary powers over offending MEPs.

The report introduced a new chapter into the Rules of Procedure entitled "Measures to be taken in the event of non-compliance with the standards for the conduct of Members". In this way, it would be made clear that the measures covered are not restricted to the conduct of "sittings" but instead apply to all parliamentary business and all Parliament's premises. The rules applicable to the plenary would therefore apply to meetings of committees and delegations. Accordingly, the powers granted to the EP President would also be vested in the chairs of bodies, committees and delegations.

The amendments to the provisions on "Order in the Chamber" give slightly stronger powers to the President, in that they enable him to deny an offending Member the right to speak and also enable him to exclude that person from the Chamber immediately, without a second call to order, "in cases of exceptional seriousness".

The committee amended Rule 147 which was given a new title ("Penalties" instead of "Exclusion of Members") and now included a list of possible sanctions, including forfeiture of entitlement to the daily subsistence allowance for a period of between two and ten days and temporary suspension from parliamentary activities for a similar period (without prejudice, however, to the MEP's right to vote). The President could also submit to the Conference of Presidents a request for suspension or removal from one or more of the elected offices held by the Member in Parliament. Assessment of a Member's conduct with a view to deciding on appropriate penalties would take account of "its exceptional, recurrent or permanent nature and of its seriousness".

Finally, provision was made for a n internal appeal procedure , suspending the application of the penalty imposed by the President.

2005/11/29
   EP - Amendments tabled in committee
Documents
2005/11/08
   EP - Amendments tabled in committee
Documents
2005/10/04
   EP - Amendments tabled in committee
Documents
2005/06/09
   EP - Committee referral announced in Parliament
2005/04/20
   EP - ONESTA Gérard (Verts/ALE) appointed as rapporteur in AFCO

Documents

History

(these mark the time of scraping, not the official date of the change)

docs/0
date
2005-10-04T00:00:00
docs
title: PE362.799
type
Amendments tabled in committee
body
EP
docs/0
date
2005-07-07T00:00:00
docs
title: PE357.945
type
Committee draft report
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EP
docs/0/docs/0/url
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docs/1
date
2005-10-04T00:00:00
docs
title: PE362.799
type
Amendments tabled in committee
body
EP
docs/1
date
2005-11-08T00:00:00
docs
title: PE364.769
type
Amendments tabled in committee
body
EP
docs/1/docs/0/url
https://www.europarl.europa.eu/doceo/document/AFCO-AM-364769_EN.html
docs/2
date
2005-11-08T00:00:00
docs
title: PE364.769
type
Amendments tabled in committee
body
EP
docs/2
date
2005-11-29T00:00:00
docs
title: PE365.104
type
Amendments tabled in committee
body
EP
docs/2/docs/0/url
https://www.europarl.europa.eu/doceo/document/AFCO-AM-365104_EN.html
docs/3
date
2005-11-29T00:00:00
docs
title: PE365.104
type
Amendments tabled in committee
body
EP
docs/4/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/A-6-2005-0413_EN.html
New
https://www.europarl.europa.eu/doceo/document/A-6-2005-0413_EN.html
events/0/type
Old
Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament
events/1/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
events/2
date
2005-12-16T00:00:00
type
Committee report tabled for plenary
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/A-6-2005-0413_EN.html title: A6-0413/2005
events/2
date
2005-12-16T00:00:00
type
Committee report tabled for plenary, single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/A-6-2005-0413_EN.html title: A6-0413/2005
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20060118&type=CRE
New
https://www.europarl.europa.eu/doceo/document/EN&reference=20060118&type=CRE
events/5
date
2006-01-19T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-6-2006-0021_EN.html title: T6-0021/2006
summary
events/5
date
2006-01-19T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-6-2006-0021_EN.html title: T6-0021/2006
summary
procedure/legal_basis/0
Rules of Procedure EP 237-p1
procedure/legal_basis/0
Rules of Procedure EP 227-p1
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Constitutional Affairs
committee
AFCO
rapporteur
name: ONESTA Gérard date: 2005-04-20T00:00:00 group: Greens/European Free Alliance abbr: Verts/ALE
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Constitutional Affairs
committee
AFCO
date
2005-04-20T00:00:00
rapporteur
name: ONESTA Gérard group: Greens/European Free Alliance abbr: Verts/ALE
docs/4/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-413&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-6-2005-0413_EN.html
docs/5/body
EC
events/2/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-413&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-6-2005-0413_EN.html
events/5/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-21
New
http://www.europarl.europa.eu/doceo/document/TA-6-2006-0021_EN.html
activities
  • date: 2005-06-09T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: AFCO date: 2005-04-20T00:00:00 committee_full: Constitutional Affairs rapporteur: group: Verts/ALE name: ONESTA Gérard
  • date: 2005-12-15T00:00:00 body: EP committees: body: EP responsible: True committee: AFCO date: 2005-04-20T00:00:00 committee_full: Constitutional Affairs rapporteur: group: Verts/ALE name: ONESTA Gérard type: Vote in committee, 1st reading/single reading
  • date: 2005-12-16T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-413&language=EN type: Committee report tabled for plenary, single reading title: A6-0413/2005 body: EP type: Committee report tabled for plenary, single reading
  • date: 2006-01-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20060118&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2006-01-19T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=4443&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-21 type: Decision by Parliament, 1st reading/single reading title: T6-0021/2006 body: EP type: Results of vote in Parliament
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Constitutional Affairs
committee
AFCO
date
2005-04-20T00:00:00
rapporteur
name: ONESTA Gérard group: Greens/European Free Alliance abbr: Verts/ALE
committees/0
body
EP
responsible
True
committee
AFCO
date
2005-04-20T00:00:00
committee_full
Constitutional Affairs
rapporteur
group: Verts/ALE name: ONESTA Gérard
docs
  • date: 2005-07-07T00:00:00 docs: title: PE357.945 type: Committee draft report body: EP
  • date: 2005-10-04T00:00:00 docs: title: PE362.799 type: Amendments tabled in committee body: EP
  • date: 2005-11-08T00:00:00 docs: title: PE364.769 type: Amendments tabled in committee body: EP
  • date: 2005-11-29T00:00:00 docs: title: PE365.104 type: Amendments tabled in committee body: EP
  • date: 2005-12-16T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-413&language=EN title: A6-0413/2005 type: Committee report tabled for plenary, single reading body: EP
  • date: 2006-02-09T00:00:00 docs: url: /oeil/spdoc.do?i=4443&j=0&l=en title: SP(2006)0584 type: Commission response to text adopted in plenary
events
  • date: 2005-06-09T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2005-12-15T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The committee adopted the report by Gérard ONESTA (Greens/EFA, FR) on amending Parliament's Rules of Procedure with regard to standards for the conduct of MEPs. The aim was to adapt existing provisions to recent cases of disturbance and to set clear rules for imposing sanctions on an MEP. Two new rules set out the basic principles which should underpin these provisions: ensuring that Members' conduct was "characterised by mutual respect", that it respected the "dignity of Parliament" and did not "compromise the smooth conduct of parliamentary business or disturb the peace and quiet of any of Parliament's premises", while at the same time ensuring that the application of this rule did not "detract from the liveliness of parliamentary debates nor undermine Members' freedom of speech". In a new Annex on guidelines for the interpretation of standards of conduct, a distinction was drawn between "visual actions" (which may be tolerated) and those which "actively disrupt any parliamentary activity whatsoever". It was also specified that "the President or his representatives" would exercise disciplinary powers over offending MEPs. The report introduced a new chapter into the Rules of Procedure entitled "Measures to be taken in the event of non-compliance with the standards for the conduct of Members". In this way, it would be made clear that the measures covered are not restricted to the conduct of "sittings" but instead apply to all parliamentary business and all Parliament's premises. The rules applicable to the plenary would therefore apply to meetings of committees and delegations. Accordingly, the powers granted to the EP President would also be vested in the chairs of bodies, committees and delegations. The amendments to the provisions on "Order in the Chamber" give slightly stronger powers to the President, in that they enable him to deny an offending Member the right to speak and also enable him to exclude that person from the Chamber immediately, without a second call to order, "in cases of exceptional seriousness". The committee amended Rule 147 which was given a new title ("Penalties" instead of "Exclusion of Members") and now included a list of possible sanctions, including forfeiture of entitlement to the daily subsistence allowance for a period of between two and ten days and temporary suspension from parliamentary activities for a similar period (without prejudice, however, to the MEP's right to vote). The President could also submit to the Conference of Presidents a request for suspension or removal from one or more of the elected offices held by the Member in Parliament. Assessment of a Member's conduct with a view to deciding on appropriate penalties would take account of "its exceptional, recurrent or permanent nature and of its seriousness". Finally, provision was made for a n internal appeal procedure , suspending the application of the penalty imposed by the President.
  • date: 2005-12-16T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-413&language=EN title: A6-0413/2005
  • date: 2006-01-18T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20060118&type=CRE title: Debate in Parliament
  • date: 2006-01-19T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=4443&l=en title: Results of vote in Parliament
  • date: 2006-01-19T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-21 title: T6-0021/2006 summary: The European Parliament adopted a resolution drafted by Gérard ONESTA (Greens/EFA, FR) with 399 votes in favour, 90 against and 35 abstentions. The resolution makes a number of changes to Parliament's Rules of Procedure, aimed at updating the provisions on MEPs' conduct during debates. (Please refer to the summary of 15/12/2005.) It notably adapts and clarifies the powers granted to Parliament's President to penalise Members who disturb parliamentary sittings. The rules state that Members’ conduct shall be characterised by mutual respect, be based on the values and principles laid down in the basic texts on which the European Union is founded, respect the dignity of Parliament and not compromise the smooth conduct of parliamentary business or disturb the peace and quiet of any of Parliament's premises. The President will call to order any Member who disrupts the smooth conduct of the proceedings. The amendments to the provisions on "Order in the Chamber" give slightly stronger powers to the President, in that they enable him to deny an offending Member the right to speak and also enable him to exclude that person from the Chamber immediately, without a second call to order, "in cases of exceptional seriousness". Under the new rules, MEPs face a range of penalties in “exceptionally serious cases of disorder or disruption” of the Parliament's proceedings. These include: -a reprimand; -forfeiture of entitlement to the daily subsistence allowance for a period of between 2 and 10; -without prejudice to the right to vote in plenary, and subject, in this instance, to strict compliance with the Members' standards of conducts, temporary suspension, for a period of between 2 and 10 consecutive days on which Parliament or any of its bodies, committees or delegations meet, from participation in all or some of the activities of Parliament; - submission to the Conference of Presidents of a proposal for the Member's suspension or removal from one or more of the elected offices held by the Member in Parliament. The rules also state that, when assessing the conduct observed, account shall be taken of its exceptional, recurrent or permanent nature and of its seriousness, on the basis of the guidelines annexed to the Rules of Procedure. There is a clear distinction between acceptable and unacceptable types of behaviour in the Parliament. A distinction should be drawn between visual actions, which may be tolerated, provided they are not offensive and/or defamatory, remain within reasonable bounds and do not lead to conflict, and those which actively disrupt any parliamentary activity whatsoever. Finally, the new rules will provide a formal appeal procedure for the first time. Members will be able to appeal to the bureau against a decision within two weeks of being notified about the penalty. The bureau will then have four weeks to decide whether to repeal, amend or reduce the penalty. If there is no decision within four weeks, the penalties lapse.
  • date: 2006-01-19T00:00:00 type: End of procedure in Parliament body: EP
links
other
    procedure/dossier_of_the_committee
    Old
    AFCO/6/27817
    New
    • AFCO/6/27817
    procedure/legal_basis/0
    Rules of Procedure EP 227-p1
    procedure/legal_basis/0
    Rules of Procedure of the European Parliament EP 227-p1
    procedure/subject
    Old
    • 8.40.01.08 Business of Parliament, procedure, sittings, rules of procedure
    New
    8.40.01.08
    Business of Parliament, procedure, sittings, rules of procedure
    activities
    • date: 2005-06-09T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: AFCO date: 2005-04-20T00:00:00 committee_full: Constitutional Affairs rapporteur: group: Verts/ALE name: ONESTA Gérard
    • date: 2005-12-15T00:00:00 body: EP committees: body: EP responsible: True committee: AFCO date: 2005-04-20T00:00:00 committee_full: Constitutional Affairs rapporteur: group: Verts/ALE name: ONESTA Gérard type: Vote in committee, 1st reading/single reading
    • date: 2005-12-16T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2005-413&language=EN type: Committee report tabled for plenary, single reading title: A6-0413/2005 body: EP type: Committee report tabled for plenary, single reading
    • date: 2006-01-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20060118&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
    • date: 2006-01-19T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=4443&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-21 type: Decision by Parliament, 1st reading/single reading title: T6-0021/2006 body: EP type: Results of vote in Parliament
    committees
    • body: EP responsible: True committee: AFCO date: 2005-04-20T00:00:00 committee_full: Constitutional Affairs rapporteur: group: Verts/ALE name: ONESTA Gérard
    links
    other
      procedure
      dossier_of_the_committee
      AFCO/6/27817
      reference
      2005/2075(REG)
      title
      EP Rules of Procedure, Rule 9: code of conduct for Members
      legal_basis
      Rules of Procedure of the European Parliament EP 227-p1
      stage_reached
      Procedure completed
      subtype
      Rules
      type
      REG - Parliament's Rules of Procedure
      subject
      8.40.01.08 Business of Parliament, procedure, sittings, rules of procedure