The Committee on Legal Affairs adopted the
report by Cecilia WIKSTRÖM (ALDE, SE) in which it
recommends that the European Parliament should waive the
immunity of Marine LE PEN (NI, FR).
To recall, the Chief
Prosecutor at the Lyon Court of Appeal sent a request to Parliament
to waive the parliamentary immunity of Marine LE PEN in the context
of a legal action concerning an alleged offence of incitement to
hatred, discrimination or violence against a group of persons
on grounds of their religious affiliation.
Article 9 of Protocol No 7 on the Privileges and
Immunities of the European Union states that Members shall enjoy,
in the territory of their own State, the immunities accorded to
members of the Parliament of that State. This immunity thus covers
opinions expressed by the Member while carrying out her
duties.
However, the European Court of Justice has held
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 Court has also recently recalled its case-law in the Gollnisch
case according to which the opinion (in the broadest sense) of an
MEP is covered by immunity established on the basis of EU law only where it was expressed in the performance of [his duties],
thus implying the requirement of a link between the opinion
expressed and the performance of the parliamentary duties. That
link must be direct and obvious.
On the basis of the facts of the present case there
are no grounds for establishing the required direct and obvious
link. The case does not fall within the scope of Marine LE
PENs
political activities as Member of the European Parliament as it
concerns instead activities of a purely national or regional nature
given that the speech was made to electors in Lyon as part of her
campaign to be elected president of Front National and was thus
distinct from her activity of Member of the European
Parliament.
As a result, the alleged action does not therefore
have a direct, obvious connection with Marine LE PENs
performance of her duties as a Member of the European Parliament.
Nor does it constitute an opinion expressed in the performance of
her duties as a Member of the European Parliament for the purposes
of Article 8 of Protocol No 7 on the Privileges and Immunities of
the European Union. The accusation has no connection with Ms LE
PENs office of Member of the European Parliament and,
based on the explanations provided to the committee, there is no
reason to suspect the existence of a fumus
persecutionis.
On the basis of the above considerations, after
considering the reasons for and against waiving the
Members
immunity, it is recommended that the European Parliament should
waive the parliamentary immunity of Marine LE PEN.