2012/2239(IMM) | [ParlTrack]

2012/2239(IMM) Request for the waiver of parliamentary immunity of Ewald Stadler

Progress: Procedure completed

Role	Committee	Rapporteur	Shadows
Lead	JURI	ZWIEFKA Tadeusz ( PPE)

Lead committee dossier:

JURI/7/10698

Legal Basis:

RoP 6

Subjects

8.40.01.03 Members' immunity

Events

2013/04/16

EP - Results of vote in Parliament

Documents

Results of vote in Parliament

2013/04/16

EP - Decision by Parliament

Details

The European Parliament decided to waive the parliamentary immunity of Ewald STADLER (NI, AT).

The request for waiver of immunity comes from the Vienna Public Prosecutor’s Office, in order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Ewald STADLER. The request concerns alleged offences of attempted aggravated coercion under Sections 15, 105(1) and 106(1)(1) of the Austrian Criminal Code, and the offence of perjury under Section 288(1) of the Criminal Code.

Under Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy in the territory of their own State the immunities accorded to members of their parliament. It is appropriate, in this case, to refer to Article 57 of the Austrian Bundesverfassungsgesetz (Federal Constitutional Law). This Article (and more particularly Art 57(2) stipulates that Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council – except where they are caught in the act of committing a crime – and searches of the houses of members of the National Council likewise requires the consent of the National Council. It is, accordingly, necessary to waive Ewald STADLER’s immunity.

In order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Ewald STADLER, Parliament has therefore decided to waive his immunity.

Documents

T7-0108/2013

2013/04/16

EP - End of procedure in Parliament

2013/03/25

EP - Committee report tabled for plenary

Details

The Committee on Legal Affairs unanimously adopted the report by Tadeusz ZWIEFKA (EPP, PL), and called on the European Parliament to waive the immunity of Ewald STADLER (NI, AT).

The request concerns alleged offences of attempted aggravated coercion under Sections 15, 105(1) and 106(1)(1) of the Austrian Criminal Code, and the offence of perjury under Section 288(1) of the Criminal Code.

The committee recalls that under Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy in the territory of their own State the immunities accorded to members of their parliament. It also recalls that under Article 57(2) of the Austrian Federal Constitutional Law, Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council – except where they are caught in the act of committing a crime – and searches of the houses of members of the National Council likewise requires the consent of the National Council.

Further to Article 57(3) of the Austrian Federal Constitutional Law, no official action on account of a punishable offence may be taken against members of the National Council without the National Council’s consent unless that offence is manifestly not connected with the political activity of the member in question. Members consider that the immunity of Ewald Stadler must be waived if the investigations against him are to proceed. Ewald STADLER was heard by the European Parliament’s Committee on Legal Affairs.

The committee recommends that the European Parliament should decide to waive the immunity of Ewald STADLER.

Documents

A7-0120/2013

2013/03/18

EP - Vote in committee

2012/09/18

EP - ZWIEFKA Tadeusz (PPE) appointed as rapporteur in JURI

History

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

2021-12-18Show (9) Changes | Timetravel

committees/0	type Responsible Committee body EP committee_full Legal Affairs committee JURI associated False rapporteur name: ZWIEFKA Tadeusz date: 2012-09-18T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
committees/0	body EP responsible True committee JURI date 2012-09-18T00:00:00 committee_full Legal Affairs rapporteur group: PPE name: ZWIEFKA Tadeusz
events/0/type	Old Vote in committee, 1st reading/single reading New Vote in committee
events/1	date 2013-03-25T00:00:00 type Committee report tabled for plenary body EP docs url: https://www.europarl.europa.eu/doceo/document/A-7-2013-0120_EN.html title: A7-0120/2013 summary The Committee on Legal Affairs unanimously adopted the report by Tadeusz ZWIEFKA (EPP, PL), and called on the European Parliament to waive the immunity of Ewald STADLER (NI, AT). The request for waiver of immunity comes from the Vienna Public Prosecutor’s Office, in order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Ewald STADLER. The request concerns alleged offences of attempted aggravated coercion under Sections 15, 105(1) and 106(1)(1) of the Austrian Criminal Code, and the offence of perjury under Section 288(1) of the Criminal Code. The committee recalls that under Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy in the territory of their own State the immunities accorded to members of their parliament. It also recalls that under Article 57(2) of the Austrian Federal Constitutional Law, Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council – except where they are caught in the act of committing a crime – and searches of the houses of members of the National Council likewise requires the consent of the National Council. Further to Article 57(3) of the Austrian Federal Constitutional Law, no official action on account of a punishable offence may be taken against members of the National Council without the National Council’s consent unless that offence is manifestly not connected with the political activity of the member in question. Members consider that the immunity of Ewald Stadler must be waived if the investigations against him are to proceed. Ewald STADLER was heard by the European Parliament’s Committee on Legal Affairs. The committee recommends that the European Parliament should decide to waive the immunity of Ewald STADLER.
events/1	date 2013-03-25T00:00:00 type Committee report tabled for plenary, single reading body EP docs url: http://www.europarl.europa.eu/doceo/document/A-7-2013-0120_EN.html title: A7-0120/2013 summary The Committee on Legal Affairs unanimously adopted the report by Tadeusz ZWIEFKA (EPP, PL), and called on the European Parliament to waive the immunity of Ewald STADLER (NI, AT). The request for waiver of immunity comes from the Vienna Public Prosecutor’s Office, in order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Ewald STADLER. The request concerns alleged offences of attempted aggravated coercion under Sections 15, 105(1) and 106(1)(1) of the Austrian Criminal Code, and the offence of perjury under Section 288(1) of the Criminal Code. The committee recalls that under Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy in the territory of their own State the immunities accorded to members of their parliament. It also recalls that under Article 57(2) of the Austrian Federal Constitutional Law, Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council – except where they are caught in the act of committing a crime – and searches of the houses of members of the National Council likewise requires the consent of the National Council. Further to Article 57(3) of the Austrian Federal Constitutional Law, no official action on account of a punishable offence may be taken against members of the National Council without the National Council’s consent unless that offence is manifestly not connected with the political activity of the member in question. Members consider that the immunity of Ewald Stadler must be waived if the investigations against him are to proceed. Ewald STADLER was heard by the European Parliament’s Committee on Legal Affairs. The committee recommends that the European Parliament should decide to waive the immunity of Ewald STADLER.
events/3	date 2013-04-16T00:00:00 type Decision by Parliament body EP docs url: https://www.europarl.europa.eu/doceo/document/TA-7-2013-0108_EN.html title: T7-0108/2013 summary The European Parliament decided to waive the parliamentary immunity of Ewald STADLER (NI, AT). The request for waiver of immunity comes from the Vienna Public Prosecutor’s Office, in order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Ewald STADLER. The request concerns alleged offences of attempted aggravated coercion under Sections 15, 105(1) and 106(1)(1) of the Austrian Criminal Code, and the offence of perjury under Section 288(1) of the Criminal Code. Under Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy in the territory of their own State the immunities accorded to members of their parliament. It is appropriate, in this case, to refer to Article 57 of the Austrian Bundesverfassungsgesetz (Federal Constitutional Law). This Article (and more particularly Art 57(2) stipulates that Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council – except where they are caught in the act of committing a crime – and searches of the houses of members of the National Council likewise requires the consent of the National Council. It is, accordingly, necessary to waive Ewald STADLER’s immunity. In order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Ewald STADLER, Parliament has therefore decided to waive his immunity.
events/3	date 2013-04-16T00:00:00 type Decision by Parliament, 1st reading/single reading body EP docs url: http://www.europarl.europa.eu/doceo/document/TA-7-2013-0108_EN.html title: T7-0108/2013 summary The European Parliament decided to waive the parliamentary immunity of Ewald STADLER (NI, AT). The request for waiver of immunity comes from the Vienna Public Prosecutor’s Office, in order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Ewald STADLER. The request concerns alleged offences of attempted aggravated coercion under Sections 15, 105(1) and 106(1)(1) of the Austrian Criminal Code, and the offence of perjury under Section 288(1) of the Criminal Code. Under Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy in the territory of their own State the immunities accorded to members of their parliament. It is appropriate, in this case, to refer to Article 57 of the Austrian Bundesverfassungsgesetz (Federal Constitutional Law). This Article (and more particularly Art 57(2) stipulates that Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council – except where they are caught in the act of committing a crime – and searches of the houses of members of the National Council likewise requires the consent of the National Council. It is, accordingly, necessary to waive Ewald STADLER’s immunity. In order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Ewald STADLER, Parliament has therefore decided to waive his immunity.
procedure/Modified legal basis	Rules of Procedure EP 159
procedure/Other legal basis	Rules of Procedure EP 159

2020-01-19Show (2) Changes | Timetravel

events/1/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-120&language=EN New http://www.europarl.europa.eu/doceo/document/A-7-2013-0120_EN.html
events/3/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-108 New http://www.europarl.europa.eu/doceo/document/TA-7-2013-0108_EN.html

2019-07-06Show (9) Changes | Timetravel

activities	date: 2013-03-18T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2012-09-18T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE name: ZWIEFKA Tadeusz date: 2013-03-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-120&language=EN type: Committee report tabled for plenary, single reading title: A7-0120/2013 body: EP type: Committee report tabled for plenary, single reading date: 2013-04-16T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=22775&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-2013-108 type: Decision by Parliament, 1st reading/single reading title: T7-0108/2013 body: EP type: Results of vote in Parliament
events	date: 2013-03-18T00:00:00 type: Vote in committee, 1st reading/single reading body: EP date: 2013-03-25T00:00:00 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=A7-2013-120&language=EN title: A7-0120/2013 summary: The Committee on Legal Affairs unanimously adopted the report by Tadeusz ZWIEFKA (EPP, PL), and called on the European Parliament to waive the immunity of Ewald STADLER (NI, AT). The request for waiver of immunity comes from the Vienna Public Prosecutor’s Office, in order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Ewald STADLER. The request concerns alleged offences of attempted aggravated coercion under Sections 15, 105(1) and 106(1)(1) of the Austrian Criminal Code, and the offence of perjury under Section 288(1) of the Criminal Code. The committee recalls that under Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy in the territory of their own State the immunities accorded to members of their parliament. It also recalls that under Article 57(2) of the Austrian Federal Constitutional Law, Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council – except where they are caught in the act of committing a crime – and searches of the houses of members of the National Council likewise requires the consent of the National Council. Further to Article 57(3) of the Austrian Federal Constitutional Law, no official action on account of a punishable offence may be taken against members of the National Council without the National Council’s consent unless that offence is manifestly not connected with the political activity of the member in question. Members consider that the immunity of Ewald Stadler must be waived if the investigations against him are to proceed. Ewald STADLER was heard by the European Parliament’s Committee on Legal Affairs. The committee recommends that the European Parliament should decide to waive the immunity of Ewald STADLER. date: 2013-04-16T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=22775&l=en title: Results of vote in Parliament date: 2013-04-16T00:00:00 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-2013-108 title: T7-0108/2013 summary: The European Parliament decided to waive the parliamentary immunity of Ewald STADLER (NI, AT). The request for waiver of immunity comes from the Vienna Public Prosecutor’s Office, in order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Ewald STADLER. The request concerns alleged offences of attempted aggravated coercion under Sections 15, 105(1) and 106(1)(1) of the Austrian Criminal Code, and the offence of perjury under Section 288(1) of the Criminal Code. Under Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy in the territory of their own State the immunities accorded to members of their parliament. It is appropriate, in this case, to refer to Article 57 of the Austrian Bundesverfassungsgesetz (Federal Constitutional Law). This Article (and more particularly Art 57(2) stipulates that Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council – except where they are caught in the act of committing a crime – and searches of the houses of members of the National Council likewise requires the consent of the National Council. It is, accordingly, necessary to waive Ewald STADLER’s immunity. In order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Ewald STADLER, Parliament has therefore decided to waive his immunity. date: 2013-04-16T00:00:00 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/7/10698 New JURI/7/10698
procedure/legal_basis/0	Rules of Procedure EP 6
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

2014-11-09Show (13) Changes | Timetravel

activities/0/committees	body: EP responsible: True committee: JURI date: 2012-09-18T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE name: ZWIEFKA Tadeusz
activities/0/date	Old 2013-02-28T00:00:00 New 2013-03-18T00:00:00
activities/0/docs	type: Committee draft report title: PE506.155
activities/0/type	Old Committee draft report New Vote in committee, 1st reading/single reading
activities/1	date 2013-03-18T00:00:00 body EP type Vote in committee, 1st reading/single reading committees body: EP responsible: True committee: JURI date: 2012-09-18T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: ZWIEFKA Tadeusz
activities/1/docs/0/text	The Committee on Legal Affairs unanimously adopted the report by Tadeusz ZWIEFKA (EPP, PL), and called on the European Parliament to waive the immunity of Ewald STADLER (NI, AT). The request for waiver of immunity comes from the Vienna Public Prosecutor’s Office, in order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Ewald STADLER. The request concerns alleged offences of attempted aggravated coercion under Sections 15, 105(1) and 106(1)(1) of the Austrian Criminal Code, and the offence of perjury under Section 288(1) of the Criminal Code. The committee recalls that under Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy in the territory of their own State the immunities accorded to members of their parliament. It also recalls that under Article 57(2) of the Austrian Federal Constitutional Law, Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council – except where they are caught in the act of committing a crime – and searches of the houses of members of the National Council likewise requires the consent of the National Council. Further to Article 57(3) of the Austrian Federal Constitutional Law, no official action on account of a punishable offence may be taken against members of the National Council without the National Council’s consent unless that offence is manifestly not connected with the political activity of the member in question. Members consider that the immunity of Ewald Stadler must be waived if the investigations against him are to proceed. Ewald STADLER was heard by the European Parliament’s Committee on Legal Affairs. The committee recommends that the European Parliament should decide to waive the immunity of Ewald STADLER.
activities/2/docs/0	url http://www.europarl.europa.eu/oeil/popups/sda.do?id=22775&l=en type Results of vote in Parliament title Results of vote in Parliament
activities/2/docs/1/text	The European Parliament decided to waive the parliamentary immunity of Ewald STADLER (NI, AT). The request for waiver of immunity comes from the Vienna Public Prosecutor’s Office, in order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Ewald STADLER. The request concerns alleged offences of attempted aggravated coercion under Sections 15, 105(1) and 106(1)(1) of the Austrian Criminal Code, and the offence of perjury under Section 288(1) of the Criminal Code. Under Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy in the territory of their own State the immunities accorded to members of their parliament. It is appropriate, in this case, to refer to Article 57 of the Austrian Bundesverfassungsgesetz (Federal Constitutional Law). This Article (and more particularly Art 57(2) stipulates that Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council – except where they are caught in the act of committing a crime – and searches of the houses of members of the National Council likewise requires the consent of the National Council. It is, accordingly, necessary to waive Ewald STADLER’s immunity. In order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Ewald STADLER, Parliament has therefore decided to waive his immunity.
activities/2/docs/1/url	http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-108
activities/2/type	Old Text adopted by Parliament, single reading New Results of vote in Parliament
committees/0/rapporteur/0/group	Old EPP New PPE
committees/0/rapporteur/0/mepref	Old 4de1898b0fb8127435bdc4c5 New 4f1adcd7b819f207b3000140
procedure/Modified legal basis	Rules of Procedure of the European Parliament EP 150

2013-04-18Show (3) Changes | Timetravel

activities/3/docs	type: Decision by Parliament, 1st reading/single reading title: T7-0108/2013
activities/3/type	Old Indicative plenary sitting date, 1st reading/single reading New Text adopted by Parliament, single reading
procedure/stage_reached	Old Awaiting Parliament 1st reading / single reading / budget 1st stage New Procedure completed

2013-04-08Show (1) Changes | Timetravel

activities/2/docs/0/url

http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-120&language=EN

2013-03-27Show (1) Changes | Timetravel

activities/2

date: 2013-03-25T00:00:00

docs: type: Committee report tabled for plenary, single reading title: A7-0120/2013

body: EP

type: Committee report tabled for plenary, single reading

2013-03-20Show (1) Changes | Timetravel

activities/1

date: 2013-03-18T00:00:00

body: EP

type: Vote in committee, 1st reading/single reading

committees: body: EP responsible: True committee: JURI date: 2012-09-18T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: ZWIEFKA Tadeusz

2013-03-14Show (1) Changes | Timetravel

activities/1

date: 2013-04-16T00:00:00

body: EP

type: Indicative plenary sitting date, 1st reading/single reading

2013-03-01Show (1) Changes | Timetravel

activities/0

date: 2013-02-28T00:00:00

docs: type: Committee draft report title: PE506.155

body: EP

type: Committee draft report

2012-12-01Show (1) Changes | Timetravel

activities/0

body: EP

date: 2012-09-10T00:00:00

type: EP officialisation

2012-09-25Show (2) Changes | Timetravel

committees/0/date	2012-09-18T00:00:00
committees/0/rapporteur	group: EPP name: ZWIEFKA Tadeusz

2012-09-23Show (1) Changes | Timetravel

activities/0

body: EP

date: 2012-09-10T00:00:00

type: EP officialisation

2012-09-21Show (5) Changes

activities
committees	body: EP responsible: True committee_full: Legal Affairs committee: JURI
links
other
procedure	dossier_of_the_committee JURI/7/10698 reference 2012/2239(IMM) title Request for the waiver of parliamentary immunity of Ewald Stadler legal_basis Rules of Procedure of the European Parliament EP 006 stage_reached Awaiting Parliament 1st reading / single reading / budget 1st stage subtype Waiver of immunity type IMM - Members' immunity subject 8.40.01.03 Members' immunity

Progress: Procedure completed

Lead committee dossier:

JURI/7/10698

Legal Basis:

Subjects

Links

Events

History

ParlTrack - 2011-2024