BETA


2011/2098(IMM) Request for the defence of parliamentary immunity of Luigi de Magistris

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI RAPKAY Bernhard (icon: S&D S&D)
Lead committee dossier:
Legal Basis:
RoP 7

Events

2012/03/29
   EP - Results of vote in Parliament
2012/03/29
   EP - Decision by Parliament
Details

The European Parliament adopted a decision in which it decides not to defend the immunity of Luigi de Magistris (ALDE, IT) .

The request for immunity of Luigi de Magistris relates to 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 Milan on behalf of Mr Giancarlo Pittelli in connection with statements made by Luigi de Magistris in his book Assalto al PM, storia di un cattivo magistrate (‘Attack on the public prosecutor – the story of a bad magistrate’), which was published in April 2010.

According to the writ of summons, statements made in that book constitute libel, resulting in a claim for damages the book was published at a time when Luigi de Magistris was a Member of the European Parliament, following his election at the 2009 European Parliament elections.

However, the facts of the case indicate that the statements made do not 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 book in question, was therefore not acting in the performance of his duties as a Member of the European Parliament.

The statements therefore appear to be rather far removed from the duties of a Member of the European Parliament and hardly capable, therefore, of presenting a direct link with a general interest of concern to citizens.

Against this background, the European Parliament decides not to defend the parliamentary immunity of Luigi De Magistris .

Documents
2012/03/29
   EP - End of procedure in Parliament
2012/03/28
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs 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 Milan on behalf of Mr Giancarlo Pittelli in connection with statements made by Luigi de Magistris in his book Assalto al PM, storia di un cattivo magistrate (‘Attack on the public prosecutor – the story of a bad magistrate’), which was published in April 2010.

According to the writ of summons, statements made in that book constitute libel,resulting in a claim for damages the book was published 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 not 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 book in question, was therefore not acting in the performance of his duties as a Member of the European Parliament.

The statements therefore appear to be rather far removed from the duties of a Member of the European Parliament and hardly capable, therefore, of presenting a direct link with a general interest of concern to citizens.

The Committee therefore recommends that the European Parliament should not defend the parliamentary immunity of Luigi De Magistris .

Documents
2012/03/26
   EP - Vote in committee
2011/05/24
   EP - RAPKAY Bernhard (S&D) appointed as rapporteur in JURI

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: RAPKAY Bernhard date: 2011-05-24T00:00:00 group: Progressive Alliance of Socialists and Democrats abbr: S&D
committees/0
body
EP
responsible
True
committee
JURI
date
2011-05-24T00:00:00
committee_full
Legal Affairs
rapporteur
group: S&D name: RAPKAY Bernhard
events/0/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
events/1
date
2012-03-28T00:00:00
type
Committee report tabled for plenary
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/A-7-2012-0074_EN.html title: A7-0074/2012
summary
events/1
date
2012-03-28T00:00:00
type
Committee report tabled for plenary, single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/A-7-2012-0074_EN.html title: A7-0074/2012
summary
events/3
date
2012-03-29T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-7-2012-0102_EN.html title: T7-0102/2012
summary
events/3
date
2012-03-29T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-7-2012-0102_EN.html title: T7-0102/2012
summary
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/Other legal basis
Rules of Procedure EP 159
events/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-74&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-7-2012-0074_EN.html
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-102
New
http://www.europarl.europa.eu/doceo/document/TA-7-2012-0102_EN.html
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: 2011-05-24T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: RAPKAY Bernhard
  • date: 2012-03-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-74&language=EN type: Committee report tabled for plenary, single reading title: A7-0074/2012 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=21393&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-2012-102 type: Decision by Parliament, 1st reading/single reading title: T7-0102/2012 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: 2012-03-28T00:00:00 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=A7-2012-74&language=EN title: A7-0074/2012 summary: The Committee on Legal Affairs 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 Milan on behalf of Mr Giancarlo Pittelli in connection with statements made by Luigi de Magistris in his book Assalto al PM, storia di un cattivo magistrate (‘Attack on the public prosecutor – the story of a bad magistrate’), which was published in April 2010. According to the writ of summons, statements made in that book constitute libel,resulting in a claim for damages the book was published 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 not 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 book in question, was therefore not acting in the performance of his duties as a Member of the European Parliament. The statements therefore appear to be rather far removed from the duties of a Member of the European Parliament and hardly capable, therefore, of presenting a direct link with a general interest of concern to citizens. The Committee therefore recommends that the European Parliament should not defend the parliamentary immunity 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=21393&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-2012-102 title: T7-0102/2012 summary: The European Parliament adopted a decision in which it decides not to defend the immunity of Luigi de Magistris (ALDE, IT) . The request for immunity of Luigi de Magistris relates to 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 Milan on behalf of Mr Giancarlo Pittelli in connection with statements made by Luigi de Magistris in his book Assalto al PM, storia di un cattivo magistrate (‘Attack on the public prosecutor – the story of a bad magistrate’), which was published in April 2010. According to the writ of summons, statements made in that book constitute libel, resulting in a claim for damages the book was published at a time when Luigi de Magistris was a Member of the European Parliament, following his election at the 2009 European Parliament elections. However, the facts of the case indicate that the statements made do not 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 book in question, was therefore not acting in the performance of his duties as a Member of the European Parliament. The statements therefore appear to be rather far removed from the duties of a Member of the European Parliament and hardly capable, therefore, of presenting a direct link with a general interest of concern to citizens. Against this background, the European Parliament decides not to defend the parliamentary 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/7/06032
    New
    • JURI/7/06032
    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: 2011-05-24T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: RAPKAY Bernhard
    • date: 2012-03-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-74&language=EN type: Committee report tabled for plenary, single reading title: A7-0074/2012 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=21393&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-2012-102 type: Decision by Parliament, 1st reading/single reading title: T7-0102/2012 body: EP type: Results of vote in Parliament
    committees
    • body: EP responsible: True committee: JURI date: 2011-05-24T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: RAPKAY Bernhard
    links
    other
      procedure
      dossier_of_the_committee
      JURI/7/06032
      reference
      2011/2098(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