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2012/2240(IMM) Request for the defence of parliamentary immunity of Gabriele Albertini
Next event: Committee report tabled for plenary, single reading 2013/04/29 more...
RoleCommitteeRapporteurShadows
Lead JURI RAPKAY Bernhard (S&D)
Lead committee dossier: JURI/7/10699
Legal Basis RoP 006

Activites

  • 2013/05/21 Text adopted by Parliament, single reading
  • 2013/04/29 Committee report tabled for plenary, single reading
    • A7-0149/2013 summary
  • 2013/04/24 Vote in committee, 1st reading/single reading
  • 2013/04/11 Committee draft report
    • PE504.316

Documents

  • Committee report tabled for plenary, single reading: A7-0149/2013
  • Committee draft report: PE504.316
  • Decision by Parliament, 1st reading/single reading: T7-0195/2013

History

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

activities/2/docs/0/text/0
Old

The Committee on Legal Affairs adopted the report by Bernhard RAPKAY (S&D, DE) in which it recommends that the European Parliament should not defend the immunity and privileges of Gabriele ALBERTINI (EPP, IT).

To recall, the request by Gabriele Albertini relates to a writ of summons filed against him before the Court of Milan on behalf of Alfredo Robledo, in connection with statements made by Gabriele Albertini in a first interview published by the Italian newspaper Il Sole 24 Ore on 26 October 2011 and in a second interview published by the Italian newspaper Corriere della Sera on 19 February 2012. Both interviews were given at a time when Gabriele Albertini was a Member of the European Parliament, following his election in the 2004 and 2009 European

Parliament elections.

However, the Court has also recently held that “a statement made by a Member of the European Parliament beyond the precincts of that institution and giving rise to prosecution in his Member State of origin for the offence of making false accusations does not constitute an opinion expressed in the performance of his parliamentary duties covered by the immunity afforded by that provision unless that statement amounts to a subjective appraisal having a direct, obvious connection with the performance of those duties”.

The Committee considers that the facts of the case, as manifested in the writ of summons, show that the statements made do not have a direct and obvious connection with Gabriele Albertini’s performance of his duties as a Member of the European Parliament (they constitute subjective appraisals concerning facts dating back to 2005 and relating to the function of Gabriele Albertini as mayor of the City of Milan). The European Parliament is not dealing with these facts in any respect, nor with the methods of investigation applied by the investigator concerned. Therefore, the opinion expressed by Gabriele Albertini appears to be rather far removed from his duties of a Member of the European Parliament and hardly capable of representing a direct link with a general interest of concern to citizens.

The committee therefore considers that, in granting the two interviews in question, Gabriele Albertini was not acting in the performance of his duties as Member of the European Parliament.

On the basis of the abovementioned considerations and pursuant to Article 6(3) of the Rules of Procedure, after considering the reasons for and against defending the Member’s immunity, the committee recommends that the European Parliament should not defend the parliamentary immunity of Gabriele Albertini.

New

The Committee on Legal Affairs adopted the report by Bernhard RAPKAY (S&D, DE) in which it recommends that the European Parliament should not defend the immunity and privileges of Gabriele ALBERTINI (EPP, IT).

To recall, the request by Gabriele Albertini relates to a writ of summons filed against him before the Court of Milan on behalf of Alfredo Robledo, in connection with statements made by Gabriele Albertini in a first interview published by the Italian newspaper Il Sole 24 Ore on 26 October 2011 and in a second interview published by the Italian newspaper Corriere della Sera on 19 February 2012. Both interviews were given at a time when Gabriele Albertini was a Member of the European Parliament, following his election in the 2004 and 2009 European Parliament elections.

However, the Court has also recently held that “a statement made by a Member of the European Parliament beyond the precincts of that institution and giving rise to prosecution in his Member State of origin for the offence of making false accusations does not constitute an opinion expressed in the performance of his parliamentary duties covered by the immunity afforded by that provision unless that statement amounts to a subjective appraisal having a direct, obvious connection with the performance of those duties”.

The Committee considers that the facts of the case, as manifested in the writ of summons, show that the statements made do not have a direct and obvious connection with Gabriele Albertini’s performance of his duties as a Member of the European Parliament (they constitute subjective appraisals concerning facts dating back to 2005 and relating to the function of Gabriele Albertini as mayor of the City of Milan). The European Parliament is not dealing with these facts in any respect, nor with the methods of investigation applied by the investigator concerned. Therefore, the opinion expressed by Gabriele Albertini appears to be rather far removed from his duties of a Member of the European Parliament and hardly capable of representing a direct link with a general interest of concern to citizens.

The committee therefore considers that, in granting the two interviews in question, Gabriele Albertini was not acting in the performance of his duties as Member of the European Parliament.

On the basis of the abovementioned considerations and pursuant to Article 6(3) of the Rules of Procedure, after considering the reasons for and against defending the Member’s immunity, the committee recommends that the European Parliament should not defend the parliamentary immunity of Gabriele Albertini.

activities/3/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-195 type: Decision by Parliament, 1st reading/single reading title: T7-0195/2013
activities/3/type
Old
Vote scheduled
New
Text adopted by Parliament, single reading
procedure/stage_reached
Old
Awaiting Parliament 1st reading / single reading / budget 1st stage
New
Procedure completed
activities/3/type
Old
Indicative plenary sitting date, 1st reading/single reading
New
Vote scheduled
activities/2/docs/0/text
  • The Committee on Legal Affairs adopted the report by Bernhard RAPKAY (S&D, DE) in which it recommends that the European Parliament should not defend the immunity and privileges of Gabriele ALBERTINI (EPP, IT).

    To recall, the request by Gabriele Albertini relates to a writ of summons filed against him before the Court of Milan on behalf of Alfredo Robledo, in connection with statements made by Gabriele Albertini in a first interview published by the Italian newspaper Il Sole 24 Ore on 26 October 2011 and in a second interview published by the Italian newspaper Corriere della Sera on 19 February 2012. Both interviews were given at a time when Gabriele Albertini was a Member of the European Parliament, following his election in the 2004 and 2009 European

    Parliament elections.

    However, the Court has also recently held that “a statement made by a Member of the European Parliament beyond the precincts of that institution and giving rise to prosecution in his Member State of origin for the offence of making false accusations does not constitute an opinion expressed in the performance of his parliamentary duties covered by the immunity afforded by that provision unless that statement amounts to a subjective appraisal having a direct, obvious connection with the performance of those duties”.

    The Committee considers that the facts of the case, as manifested in the writ of summons, show that the statements made do not have a direct and obvious connection with Gabriele Albertini’s performance of his duties as a Member of the European Parliament (they constitute subjective appraisals concerning facts dating back to 2005 and relating to the function of Gabriele Albertini as mayor of the City of Milan). The European Parliament is not dealing with these facts in any respect, nor with the methods of investigation applied by the investigator concerned. Therefore, the opinion expressed by Gabriele Albertini appears to be rather far removed from his duties of a Member of the European Parliament and hardly capable of representing a direct link with a general interest of concern to citizens.

    The committee therefore considers that, in granting the two interviews in question, Gabriele Albertini was not acting in the performance of his duties as Member of the European Parliament.

    On the basis of the abovementioned considerations and pursuant to Article 6(3) of the Rules of Procedure, after considering the reasons for and against defending the Member’s immunity, the committee recommends that the European Parliament should not defend the parliamentary immunity of Gabriele Albertini.

activities/2/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-149&language=EN
activities/2
date
2013-04-29T00:00:00
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type: Committee report tabled for plenary, single reading title: A7-0149/2013
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Committee report tabled for plenary, single reading
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2013-05-21T00:00:00
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Indicative plenary sitting date, 1st reading/single reading
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2013-04-24T00:00:00
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committees
body: EP responsible: True committee: JURI date: 2012-09-18T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: RAPKAY Bernhard
activities/0/date
Old
2013-03-25T00:00:00
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2013-04-11T00:00:00
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2013-03-25T00:00:00
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type: Committee draft report title: PE504.316
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EP
type
Committee draft report
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2012-09-10T00:00:00
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2012-09-18T00:00:00
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  • group: S&D name: RAPKAY Bernhard
activities/0
body
EP
date
2012-09-10T00:00:00
type
EP officialisation
activities
    committees
    • body: EP responsible: True committee_full: Legal Affairs committee: JURI
    links
    other
      procedure
      dossier_of_the_committee
      JURI/7/10699
      reference
      2012/2240(IMM)
      title
      Request for the defence of parliamentary immunity of Gabriele Albertini
      legal_basis
      Rules of Procedure of the European Parliament EP 006
      stage_reached
      Awaiting Parliament 1st reading / single reading / budget 1st stage
      subtype
      Defence of immunity
      type
      IMM - Members' immunity
      subject
      8.40.01.03 Members' immunity