BETA


2013/2014(IMM) Request for the waiver of parliamentary immunity of Spyros Danellis

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI LICHTENBERGER Eva (icon: Verts/ALE Verts/ALE)
Lead committee dossier:
Legal Basis:
RoP 6

Events

2013/05/21
   EP - Results of vote in Parliament
2013/05/21
   EP - Decision by Parliament
Details

The European Parliament decided to waive the immunity of Spyros DANELLIS (S&D, EL) .

To recall, Spyros Danellis is accused of dereliction of duty, as he is alleged to have omitted, as Mayor of Hersonissos in the Prefecture of Iraklion, to take steps to close an establishment operating in his municipality despite the existence of a decision by the sanitary authorities which required such steps to be taken.

Parliament considers that the alleged actions do not constitute opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union and that the accusation manifestly bears no relation to Spyros Danellis' position as Member of the European Parliament.

Consequently, Parliament decided to waive the immunity of Spyros Danellis .

Documents
2013/05/21
   EP - End of procedure in Parliament
2013/04/30
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted the report by Eva Lichtenberger (ADLE, AT) in which it recommends the European Parliament to waive the immunity of Spyros DANELLIS (S&D, EL) who is accused of dereliction of duty for having, allegedly, in his former position as Mayor of Hersonissos (Prefecture of Iraklion), omitted to take steps to close an establishment operating in his municipality despite the existence of a decision by the sanitary authorities which required such steps to be taken.

The committee considers that the alleged actions do not constitute opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union.

According to Article 9 of Protocol No 7, Members shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State. Article 62 of the Constitution of the Hellenic Republic provides that, during the parliamentary term, Members of Parliament may not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by Parliament.

However, the accusation relates to actions by Mr Danellis in his former capacity as Mayor of Hersonissos, and has no connection with his office of Member of the European Parliament.

Mr Danellis has been heard, and there is no reason to suspect the existence of a fumus persecutionis .

On the basis of these considerations, after considering the reasons for and against waiving the Member’s immunity, the committee recommends that the European Parliament should waive the parliamentary immunity of Spyros Danellis .

Documents
2013/04/24
   EP - Vote in committee
2013/01/22
   EP - LICHTENBERGER Eva (Verts/ALE) appointed as rapporteur in JURI

History

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

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  • date: 2013-04-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-159&language=EN type: Committee report tabled for plenary, single reading title: A7-0159/2013 body: EP type: Committee report tabled for plenary, single reading
  • date: 2013-05-21T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=22905&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-2013-196 type: Decision by Parliament, 1st reading/single reading title: T7-0196/2013 body: EP type: Results of vote in Parliament
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  • date: 2013-04-24T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2013-04-30T00:00:00 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=A7-2013-159&language=EN title: A7-0159/2013 summary: The Committee on Legal Affairs adopted the report by Eva Lichtenberger (ADLE, AT) in which it recommends the European Parliament to waive the immunity of Spyros DANELLIS (S&D, EL) who is accused of dereliction of duty for having, allegedly, in his former position as Mayor of Hersonissos (Prefecture of Iraklion), omitted to take steps to close an establishment operating in his municipality despite the existence of a decision by the sanitary authorities which required such steps to be taken. The committee considers that the alleged actions do not constitute opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union. According to Article 9 of Protocol No 7, Members shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State. Article 62 of the Constitution of the Hellenic Republic provides that, during the parliamentary term, Members of Parliament may not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by Parliament. However, the accusation relates to actions by Mr Danellis in his former capacity as Mayor of Hersonissos, and has no connection with his office of Member of the European Parliament. Mr Danellis has been heard, and there is no reason to suspect the existence of a fumus persecutionis . On the basis of these considerations, after considering the reasons for and against waiving the Member’s immunity, the committee recommends that the European Parliament should waive the parliamentary immunity of Spyros Danellis .
  • date: 2013-05-21T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=22905&l=en title: Results of vote in Parliament
  • date: 2013-05-21T00:00:00 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-2013-196 title: T7-0196/2013 summary: The European Parliament decided to waive the immunity of Spyros DANELLIS (S&D, EL) . To recall, Spyros Danellis is accused of dereliction of duty, as he is alleged to have omitted, as Mayor of Hersonissos in the Prefecture of Iraklion, to take steps to close an establishment operating in his municipality despite the existence of a decision by the sanitary authorities which required such steps to be taken. Parliament considers that the alleged actions do not constitute opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union and that the accusation manifestly bears no relation to Spyros Danellis' position as Member of the European Parliament. Consequently, Parliament decided to waive the immunity of Spyros Danellis .
  • date: 2013-05-21T00:00:00 type: End of procedure in Parliament body: EP
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    • The Committee on Legal Affairs adopted the report by Eva Lichtenberger (ADLE, AT) in which it recommends the European Parliament to waive the immunity of Spyros DANELLIS (S&D, EL) who is accused of   dereliction of duty for having, allegedly, in his former position as Mayor of Hersonissos (Prefecture of Iraklion), omitted to take steps to close an establishment operating in his municipality despite the existence of a decision by the sanitary authorities which required such steps to be taken.

      The committee considers that the alleged actions do not constitute opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union.

      According to Article 9 of Protocol No 7, Members shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State. Article 62 of the Constitution of the Hellenic Republic provides that, during the parliamentary term, Members of Parliament may not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by Parliament.

      However, the accusation relates to actions by Mr Danellis in his former capacity as Mayor of Hersonissos, and has no connection with his office of Member of the European Parliament.

      Mr Danellis has been heard, and there is no reason to suspect the existence of a fumus persecutionis.

      On the basis of these considerations, after considering the reasons for and against waiving the Member’s immunity, the committee recommends that the European Parliament should waive the parliamentary immunity of Spyros Danellis.

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