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.

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.