BETA


2011/2162(IMM) Request for the defence of parliamentary immunity of Viktor Uspaskich

Progress: Procedure completed

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

Events

2011/12/01
   EP - Results of vote in Parliament
2011/12/01
   EP - Decision by Parliament
Details

The European Parliament adopted by 442 votes to 127, with 41 abstentions, a resolution aiming to reject two requests by Viktor USPASKICH (ALDE, LT) – see also 2011/2099/IMM - to reinstate his parliamentary immunity against criminal proceedings in the Vilnius Regional Criminal Court over alleged false accounting offences.

To recall, Viktor Uspaskich is charged essentially with offences of false accounting in relation to the financing of a political party during a period prior to his election to the European Parliament. In this regard, it should be noted that on 7 September 2010 Parliament waived Viktor Uspaskich's immunity, considering that no cogent evidence had been adduced as to the existence of any fumus persecutionis and that the criminal offences with which Viktor Uspaskich is charged had nothing to do with his activities as a Member of the European Parliament. On 28 October 2010, Viktor Uspaskich brought an action for the annulment of Parliament's decision of 7 September 2010 before the General Court, only to withdraw it in July 2011. In his letter of 5 April 2011 requesting the defence of his immunity Viktor Uspaskich claims that the criminal proceedings initiated by the Lithuanian authorities prevent him from performing, or make it difficult for him to perform, his parliamentary duties by restraining his freedom of movement contrary to Article 7 of the Protocol. Article 7 of the Protocol has the function of protecting Members against restrictions on their freedom of movement, other than judicial restrictions, and consequently contains not an immunity but a privilege, and does not protect against judicial restrictions on Members' freedom of movement. Consequently, it is impossible for Parliament to accede to Viktor Uspaskich's request of 5 April 2011 to defend his immunity on the basis of Article 7 of the Protocol .

In parallel, Mr Uspaskich asked Parliament to reinstate his immunity and thus overturn its prior decision of September 2010 to lift it in connection with a case of false accounting in relation to the financing of a political party. Mr Uspaskich argued that there are new facts, published by WikiLeaks, that justify reinstating his immunity. According to Mr Uspaskich, it can be inferred from a diplomatic note put online by Wikileaks that his trial for false accounting is politically motivated.

The House considered, however, that there is no connection between the statement allegedly made by the Lithuanian Foreign Affairs Ministry and the legal proceedings and thus no justification for the claim that there is a political persecution against Mr Uspaskich.

Moreover, the House said that the second claim made by Viktor Uspaskich, that the restrictions imposed by the Lithuanian authorities on his freedom of movement as a result of the lifting of his European parliamentary immunity was unfounded.

On these grounds, Parliament decided not to defend the MEP's immunity .

Documents
2011/12/01
   EP - End of procedure in Parliament
2011/11/30
   EP - Debate in Parliament
2011/11/25
   EP - Committee report tabled for plenary, single reading
Documents
2011/11/25
   EP - Committee report tabled for plenary
Documents
2011/11/21
   EP - Vote in committee
2011/07/11
   EP - RAPKAY Bernhard (S&D) appointed as rapporteur in JURI

Documents

History

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

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activities
  • date: 2011-11-21T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: PPE name: ZWIEFKA Tadeusz responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: RAPKAY Bernhard
  • date: 2011-11-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-411&language=EN type: Committee report tabled for plenary, single reading title: A7-0411/2011 body: EP type: Committee report tabled for plenary, single reading
  • date: 2011-11-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20111130&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2011-12-01T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=20913&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-2011-541 type: Decision by Parliament, 1st reading/single reading title: T7-0541/2011 body: EP type: Results of vote in Parliament
docs
  • date: 2011-11-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-411&language=EN title: A7-0411/2011 type: Committee report tabled for plenary, single reading body: EP
events
  • date: 2011-11-21T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2011-11-25T00:00:00 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=A7-2011-411&language=EN title: A7-0411/2011
  • date: 2011-11-30T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20111130&type=CRE title: Debate in Parliament
  • date: 2011-12-01T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=20913&l=en title: Results of vote in Parliament
  • date: 2011-12-01T00:00:00 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-2011-541 title: T7-0541/2011 summary: The European Parliament adopted by 442 votes to 127, with 41 abstentions, a resolution aiming to reject two requests by Viktor USPASKICH (ALDE, LT) – see also 2011/2099/IMM - to reinstate his parliamentary immunity against criminal proceedings in the Vilnius Regional Criminal Court over alleged false accounting offences. To recall, Viktor Uspaskich is charged essentially with offences of false accounting in relation to the financing of a political party during a period prior to his election to the European Parliament. In this regard, it should be noted that on 7 September 2010 Parliament waived Viktor Uspaskich's immunity, considering that no cogent evidence had been adduced as to the existence of any fumus persecutionis and that the criminal offences with which Viktor Uspaskich is charged had nothing to do with his activities as a Member of the European Parliament. On 28 October 2010, Viktor Uspaskich brought an action for the annulment of Parliament's decision of 7 September 2010 before the General Court, only to withdraw it in July 2011. In his letter of 5 April 2011 requesting the defence of his immunity Viktor Uspaskich claims that the criminal proceedings initiated by the Lithuanian authorities prevent him from performing, or make it difficult for him to perform, his parliamentary duties by restraining his freedom of movement contrary to Article 7 of the Protocol. Article 7 of the Protocol has the function of protecting Members against restrictions on their freedom of movement, other than judicial restrictions, and consequently contains not an immunity but a privilege, and does not protect against judicial restrictions on Members' freedom of movement. Consequently, it is impossible for Parliament to accede to Viktor Uspaskich's request of 5 April 2011 to defend his immunity on the basis of Article 7 of the Protocol . In parallel, Mr Uspaskich asked Parliament to reinstate his immunity and thus overturn its prior decision of September 2010 to lift it in connection with a case of false accounting in relation to the financing of a political party. Mr Uspaskich argued that there are new facts, published by WikiLeaks, that justify reinstating his immunity. According to Mr Uspaskich, it can be inferred from a diplomatic note put online by Wikileaks that his trial for false accounting is politically motivated. The House considered, however, that there is no connection between the statement allegedly made by the Lithuanian Foreign Affairs Ministry and the legal proceedings and thus no justification for the claim that there is a political persecution against Mr Uspaskich. Moreover, the House said that the second claim made by Viktor Uspaskich, that the restrictions imposed by the Lithuanian authorities on his freedom of movement as a result of the lifting of his European parliamentary immunity was unfounded. On these grounds, Parliament decided not to defend the MEP's immunity .
  • date: 2011-12-01T00:00:00 type: End of procedure in Parliament body: EP
links
other
    procedure/dossier_of_the_committee
    Old
    JURI/7/06607
    New
    • JURI/7/06607
    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
    procedure/subtype
    Old
    Waiver of immunity
    New
    Defence of immunity
    procedure/title
    Old
    Request for the defence of parliamentary immunity of Viktor Uspaskich
    New
    Request for the defence of parliamentary immunity of Viktor Uspaskich
    activities
    • date: 2011-11-21T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: PPE name: ZWIEFKA Tadeusz responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: RAPKAY Bernhard
    • date: 2011-11-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-411&language=EN type: Committee report tabled for plenary, single reading title: A7-0411/2011 body: EP type: Committee report tabled for plenary, single reading
    • date: 2011-11-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20111130&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
    • date: 2011-12-01T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=20913&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-2011-541 type: Decision by Parliament, 1st reading/single reading title: T7-0541/2011 body: EP type: Results of vote in Parliament
    committees
    • body: EP shadows: group: PPE name: ZWIEFKA Tadeusz responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: RAPKAY Bernhard
    links
    other
      procedure
      dossier_of_the_committee
      JURI/7/06607
      reference
      2011/2162(IMM)
      title
      Request for the defence of parliamentary immunity of Viktor Uspaskich
      legal_basis
      Rules of Procedure of the European Parliament EP 006
      stage_reached
      Procedure completed
      subtype
      Waiver of immunity
      type
      IMM - Members' immunity
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      8.40.01.03 Members' immunity