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Procedure completed



2011/2189(IMM) Request for the defence of parliamentary immunity of Luigi de Magistris
RoleCommitteeRapporteurShadows
Lead JURI RAPKAY Bernhard (S&D) ZWIEFKA Tadeusz (PPE)
Lead committee dossier: JURI/7/06862
Legal Basis RoP 006

Activites

  • 2012/03/29 Results of vote in Parliament
    • Results of vote in Parliament
    • T7-0103/2012 summary
  • 2012/03/28 Committee report tabled for plenary, single reading
    • A7-0075/2012 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 shadows: group: PPE name: ZWIEFKA Tadeusz responsible: True committee: JURI date: 2011-10-11T00:00:00 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=A7-2012-75&language=EN type: Committee report tabled for plenary, single reading title: A7-0075/2012 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=21394&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-2012-103 type: Decision by Parliament, 1st reading/single reading title: T7-0103/2012 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=A7-2012-75&language=EN title: A7-0075/2012 summary: The Committee on Legal Affairs adopted the report by Bernhard RAPKAY (S&D, DE), and called on the European Parliament not to defend the immunity of Luigi de MAGISTRIS (ADLE, IT). The request to defend the parliamentary immunity of Luigi de Magistris is made 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 Lamezia on behalf of Mr Antonio Saladino in connection with statements made by Luigi de Magistris in an interview published in the Italian newspaper Il Fatto Quotidiano on 9 March 2011. According to the writ of summons, statements made in that interview constitute libel, resulting in a claim for damages. The statements were made and the interview was published at a time when Luigi de Magistris was a Member of the European Parliament. In accordance with Article 8 of the 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. 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. The statements made by Luigi de Magistris in this case relate to allegations of improper conduct of third parties in connection with criminal investigations which he was conducting before he became 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. Accordingly, the committee recommends that the European Parliament should not 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=21394&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-2012-103 title: T7-0103/2012 summary: The European Parliament adopted by 432 votes to 161 with 24 abstentions a decision with which it decides not to defend the immunity and privileges of Luigi de MAGISTRIS (ADLE, IT). The request to defend the parliamentary immunity of Luigi de Magistris is made 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 Lamezia on behalf of Mr Antonio Saladino in connection with statements made by Luigi de Magistris in an interview published in the Italian newspaper Il Fatto Quotidiano on 9 March 2011, when he was a Member of the European Parliament. According to the writ of summons, statements made in that interview constitute libel, resulting in a claim for damages. 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. The statements made by Luigi de Magistris in this case relate to allegations of improper conduct of third parties in connection with criminal investigations which he was conducting before he became 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. Accordingly, Parliament decides not to defend the parliamentary immunity of Mr. 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/7/06862
    New
    • JURI/7/06862
    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 shadows: group: PPE name: ZWIEFKA Tadeusz responsible: True committee: JURI date: 2011-10-11T00:00:00 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=A7-2012-75&language=EN type: Committee report tabled for plenary, single reading title: A7-0075/2012 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=21394&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-2012-103 type: Decision by Parliament, 1st reading/single reading title: T7-0103/2012 body: EP type: Results of vote in Parliament
    committees
    • body: EP shadows: group: PPE name: ZWIEFKA Tadeusz responsible: True committee: JURI date: 2011-10-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: RAPKAY Bernhard
    links
    other
      procedure
      dossier_of_the_committee
      JURI/7/06862
      reference
      2011/2189(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