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Procedure completed



2011/2064(IMM) Request for the defence of parliamentary immunity of Luigi de Magistris
RoleCommitteeRapporteurShadows
Lead JURI RAPKAY Bernhard (S&D)
Lead committee dossier: JURI/7/05724
Legal Basis RoP 006

Activites

  • 2012/03/29 Results of vote in Parliament
    • Results of vote in Parliament
    • T7-0100/2012 summary
  • 2012/03/27 Committee report tabled for plenary, single reading
    • A7-0070/2012 summary
  • 2012/03/26 Vote in committee, 1st reading/single reading

Documents

History

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

activities
  • date: 2012-03-26T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2011-04-12T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: RAPKAY Bernhard
  • date: 2012-03-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-70&language=EN type: Committee report tabled for plenary, single reading title: A7-0070/2012 body: EP type: Committee report tabled for plenary, single reading
  • date: 2012-03-29T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21387&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-2012-100 type: Decision by Parliament, 1st reading/single reading title: T7-0100/2012 body: EP type: Results of vote in Parliament
events
  • date: 2012-03-26T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2012-03-27T00:00:00 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=A7-2012-70&language=EN title: A7-0070/2012 summary: The Committee on Legal Affairs unanimously adopted the report drafted by Bernhard RAPKAY (S&D, DE) on the request for defence of the immunity and privileges of Luigi de Magistris (ALDE, IT) . Luigi de Magistris has requested the defence of his parliamentary immunity in connection with proceedings before an Italian court. To recall, the request by Luigi de Magistris relates to a writ of summons filed against him before the Court of Catanzaro on behalf of Mr Maurizio Mottola di Amato in connection with two articles that Luigi de Magistris published on his website in early 2011. According to the writ of summons, statements made in those articles constitute libel, resulting in a claim for damages and a request for an injunction requiring the removal of the articles. The articles were published on the website at a time when Luigi de Magistris was a Member of the European Parliament, following his election at the 2009 European Parliament elections. According to Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties, and whereas, according to Article 9 of that Protocol, Members shall enjoy, in the territory of their own State, the immunities accorded to members of their Parliament. However, the facts of the case indicate that the statements made do have a direct, obvious connection with Luigi de Magistris’s performance of his duties as a Member of the European Parliament. Luigi de Magistris, in publishing the articles in question, was therefore acting in the performance of his duties as a Member of the European Parliament. For his part, Luigi de Magistris submits that in his role as Member of the European Parliament he considers it altogether proper to inform the citizens about Italian court documents (which were documents not covered by any confidentiality provisions) in order to highlight the abnormal exercise of the judicial function in Italy, especially at the court of Catanzaro, and that the statements made therefore constitute an expression of the political activity of an MEP which should be protected by the Protocol on Privileges and Immunities. The committee therefore recommends that the European Parliament should defend the immunity and privileges of Luigi de Magistris .
  • date: 2012-03-29T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=21387&l=en title: Results of vote in Parliament
  • date: 2012-03-29T00:00:00 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-2012-100 title: T7-0100/2012 summary: The European Parliament adopted a decision to defend the immunity and privileges of Luigi de Magistris (ALDE, IT) . Luigi de Magistris has requested the defence of his parliamentary immunity in connection with proceedings before an Italian court. To recall, the request by Luigi de Magistris relates to a writ of summons filed against him before the Court of Catanzaro on behalf of Mr Maurizio Mottola di Amato in connection with two articles that Luigi de Magistris published on his website in early 2011. According to the writ of summons, statements made in those articles constitute libel, resulting in a claim for damages and a request for an injunction requiring the removal of the articles. For his part, Luigi de Magistris submits that in his role as Member of the European Parliament he considers it altogether proper to inform the citizens about Italian court documents (which were documents not covered by any confidentiality provisions) in order to highlight the abnormal exercise of the judicial function in Italy, especially at the court of Catanzaro, and that the statements made therefore constitute an expression of the political activity of an MEP which should be protected by the Protocol on Privileges and Immunities. It is for this reason that the European parliament has decided to defend the immunity of Luigi de Magistris .
  • date: 2012-03-29T00:00:00 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/7/05724
    New
    • JURI/7/05724
    procedure/legal_basis/0
    Rules of Procedure EP 7
    procedure/legal_basis/0
    Rules of Procedure of the European Parliament EP 006
    procedure/subject
    Old
    • 8.40.01.03 Members' immunity
    New
    8.40.01.03
    Members' immunity
    activities
    • date: 2012-03-26T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2011-04-12T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: RAPKAY Bernhard
    • date: 2012-03-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-70&language=EN type: Committee report tabled for plenary, single reading title: A7-0070/2012 body: EP type: Committee report tabled for plenary, single reading
    • date: 2012-03-29T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21387&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-2012-100 type: Decision by Parliament, 1st reading/single reading title: T7-0100/2012 body: EP type: Results of vote in Parliament
    committees
    • body: EP responsible: True committee: JURI date: 2011-04-12T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: RAPKAY Bernhard
    links
    other
      procedure
      dossier_of_the_committee
      JURI/7/05724
      reference
      2011/2064(IMM)
      title
      Request for the defence of parliamentary immunity of Luigi de Magistris
      legal_basis
      Rules of Procedure of the European Parliament EP 006
      stage_reached
      Procedure completed
      subtype
      Defence 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