BETA


2009/2067(IMM) Request for the waiver of parliamentary immunity of Marek Siwiec

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI WALLIS Diana (icon: ALDE ALDE) ZWIEFKA Tadeusz (icon: PPE PPE)
Lead committee dossier:

Events

2009/10/20
   EP - Results of vote in Parliament
2009/10/20
   EP - Decision by Parliament
Details

The European Parliament adopted by 639 votes to 17, with 15 abstentions, a resolution on the request for waiver of the immunity of Marek SIWIEC (S&D, PL) and decides not to waive the immunity of Marek SIWIEC.

It recalls that a private prosecution has been brought against Marek Siwiec. Parliament draws attention, however, to the timing of the prosecution during an electoral campaign three years after the alleged offences were committed, and to the overtly political aims of the private individual bringing the prosecution. This is evidenced by documents presented by that individual himself to the President of Parliament and by the fact that he claims to be acting on behalf of citizens who object in general terms to Mr Siwiec's carrying out a public activity. It appears, therefore, that the bringing of the criminal proceedings in question constitutes a fumus persecutionis, inasmuch as there are serious reasons to believe that the charges against Mr Siwiec have been brought by a political opponent with the principal aim of undermining his activity as a Member of the European Parliament.

Accordingly, with regard to the to the request for waiver of the immunity of Marek Siwiec, forwarded by the Polish Prosecutor-General on 27 September 2006 and announced in plenary sitting on 10 April 2008, Parliament does not waive the immunity of Marek Siwiec.

Documents
2009/10/20
   EP - End of procedure in Parliament
2009/10/08
   EP - Committee report tabled for plenary, single reading
Documents
2009/10/08
   EP - Committee report tabled for plenary
Documents
2009/10/05
   EP - Vote in committee
Details

The Committee on Legal Affairs adopted unanimously the report drawn up by Diana WALLIS (ALDE, UK) on the request for waiver of the immunity of Marek SIWIEC (S&D, PL). It considers that his immunity should not be waived.

The committee recalls that a private prosecution has been brought against Marek Siwiec. The committee draws attention, however, to the timing of the prosecution during an electoral campaign three years after the alleged offences were committed, and to the overtly political aims of the private individual bringing the prosecution. This is evidenced by documents presented by that individual himself to the President of Parliament and by the fact that he claims to be acting on behalf of citizens who object in general terms to Mr Siwiec's carrying out a public activity. It appears, therefore, that the bringing of the criminal proceedings in question constitutes a fumus persecutionis, inasmuch as there are serious reasons to believe that the charges against Mr Siwiec have been brought by a political opponent with the principal aim of undermining his activity as a Member of the European Parliament.

Accordingly, with regard to the to the request for waiver of the immunity of Marek Siwiec, forwarded by the Polish Prosecutor-General on 27 September 2006 and announced in plenary sitting on 10 April 2008, the committee calls on the European Parliament not waive the immunity of Marek Siwiec.

2009/09/02
   EP - WALLIS Diana (ALDE) appointed as rapporteur in JURI

Documents

History

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

committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
rapporteur
name: WALLIS Diana date: 2009-09-02T00:00:00 group: Alliance of Liberals and Democrats for Europe abbr: ALDE
shadows
name: ZWIEFKA Tadeusz group: European People's Party (Christian Democrats) abbr: PPE
committees/0
body
EP
shadows
group: PPE name: ZWIEFKA Tadeusz
responsible
True
committee
JURI
date
2009-09-02T00:00:00
committee_full
Legal Affairs
rapporteur
group: ALDE name: WALLIS Diana
docs/0/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/A-7-2009-0030_EN.html
New
https://www.europarl.europa.eu/doceo/document/A-7-2009-0030_EN.html
events/0/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
events/1
date
2009-10-08T00:00:00
type
Committee report tabled for plenary
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/A-7-2009-0030_EN.html title: A7-0030/2009
events/1
date
2009-10-08T00:00:00
type
Committee report tabled for plenary, single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/A-7-2009-0030_EN.html title: A7-0030/2009
events/3
date
2009-10-20T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-7-2009-0050_EN.html title: T7-0050/2009
summary
events/3
date
2009-10-20T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-7-2009-0050_EN.html title: T7-0050/2009
summary
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/Other legal basis
Rules of Procedure EP 159
docs/0/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2009-30&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-7-2009-0030_EN.html
events/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2009-30&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-7-2009-0030_EN.html
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2009-50
New
http://www.europarl.europa.eu/doceo/document/TA-7-2009-0050_EN.html
activities
  • date: 2009-10-05T00:00:00 body: EP committees: body: EP shadows: group: PPE name: ZWIEFKA Tadeusz responsible: True committee: JURI date: 2009-09-02T00:00:00 committee_full: Legal Affairs rapporteur: group: ALDE name: WALLIS Diana type: Vote in committee, 1st reading/single reading
  • date: 2009-10-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2009-30&language=EN type: Committee report tabled for plenary, single reading title: A7-0030/2009 body: EP type: Committee report tabled for plenary, single reading
  • date: 2009-10-20T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=17474&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=P7-TA-2009-50 type: Decision by Parliament, 1st reading/single reading title: T7-0050/2009 body: EP type: Results of vote in Parliament
docs
  • date: 2009-10-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2009-30&language=EN title: A7-0030/2009 type: Committee report tabled for plenary, single reading body: EP
events
  • date: 2009-10-05T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Legal Affairs adopted unanimously the report drawn up by Diana WALLIS (ALDE, UK) on the request for waiver of the immunity of Marek SIWIEC (S&D, PL). It considers that his immunity should not be waived. The committee recalls that a private prosecution has been brought against Marek Siwiec. The committee draws attention, however, to the timing of the prosecution during an electoral campaign three years after the alleged offences were committed, and to the overtly political aims of the private individual bringing the prosecution. This is evidenced by documents presented by that individual himself to the President of Parliament and by the fact that he claims to be acting on behalf of citizens who object in general terms to Mr Siwiec's carrying out a public activity. It appears, therefore, that the bringing of the criminal proceedings in question constitutes a fumus persecutionis, inasmuch as there are serious reasons to believe that the charges against Mr Siwiec have been brought by a political opponent with the principal aim of undermining his activity as a Member of the European Parliament. Accordingly, with regard to the to the request for waiver of the immunity of Marek Siwiec, forwarded by the Polish Prosecutor-General on 27 September 2006 and announced in plenary sitting on 10 April 2008, the committee calls on the European Parliament not waive the immunity of Marek Siwiec.
  • date: 2009-10-08T00:00:00 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=A7-2009-30&language=EN title: A7-0030/2009
  • date: 2009-10-20T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=17474&l=en title: Results of vote in Parliament
  • date: 2009-10-20T00:00:00 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=P7-TA-2009-50 title: T7-0050/2009 summary: The European Parliament adopted by 639 votes to 17, with 15 abstentions, a resolution on the request for waiver of the immunity of Marek SIWIEC (S&D, PL) and decides not to waive the immunity of Marek SIWIEC. It recalls that a private prosecution has been brought against Marek Siwiec. Parliament draws attention, however, to the timing of the prosecution during an electoral campaign three years after the alleged offences were committed, and to the overtly political aims of the private individual bringing the prosecution. This is evidenced by documents presented by that individual himself to the President of Parliament and by the fact that he claims to be acting on behalf of citizens who object in general terms to Mr Siwiec's carrying out a public activity. It appears, therefore, that the bringing of the criminal proceedings in question constitutes a fumus persecutionis, inasmuch as there are serious reasons to believe that the charges against Mr Siwiec have been brought by a political opponent with the principal aim of undermining his activity as a Member of the European Parliament. Accordingly, with regard to the to the request for waiver of the immunity of Marek Siwiec, forwarded by the Polish Prosecutor-General on 27 September 2006 and announced in plenary sitting on 10 April 2008, Parliament does not waive the immunity of Marek Siwiec.
  • date: 2009-10-20T00:00:00 type: End of procedure in Parliament body: EP
links
other
    procedure/Modified legal basis
    Old
    Rules of Procedure of the European Parliament EP 150
    New
    Rules of Procedure EP 159
    procedure/dossier_of_the_committee
    Old
    JURI/7/00481
    New
    • JURI/7/00481
    procedure/subject
    Old
    • 8.40.01.03 Members' immunity
    New
    8.40.01.03
    Members' immunity
    procedure/title
    Old
    Request for the waiver of parliamentary immunity of Marek Siwiec
    New
    Request for the waiver of parliamentary immunity of Marek Siwiec
    activities
    • date: 2009-10-05T00:00:00 body: EP committees: body: EP shadows: group: PPE name: ZWIEFKA Tadeusz responsible: True committee: JURI date: 2009-09-02T00:00:00 committee_full: Legal Affairs rapporteur: group: ALDE name: WALLIS Diana type: Vote in committee, 1st reading/single reading
    • date: 2009-10-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2009-30&language=EN type: Committee report tabled for plenary, single reading title: A7-0030/2009 body: EP type: Committee report tabled for plenary, single reading
    • date: 2009-10-20T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=17474&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=P7-TA-2009-50 type: Decision by Parliament, 1st reading/single reading title: T7-0050/2009 body: EP type: Results of vote in Parliament
    committees
    • body: EP shadows: group: PPE name: ZWIEFKA Tadeusz responsible: True committee: JURI date: 2009-09-02T00:00:00 committee_full: Legal Affairs rapporteur: group: ALDE name: WALLIS Diana
    links
    other
      procedure
      dossier_of_the_committee
      JURI/7/00481
      reference
      2009/2067(IMM)
      title
      Request for the waiver of parliamentary immunity of Marek Siwiec
      stage_reached
      Procedure completed
      subtype
      Waiver of immunity
      Modified legal basis
      Rules of Procedure of the European Parliament EP 150
      type
      IMM - Members' immunity
      subject
      8.40.01.03 Members' immunity