BETA


2013/2028(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 falsely accusing a third party of an unlawful act with the intent of having him prosecuted for it, and of making false statements about a third party which could damage that party's reputation and good name, knowing such statements to be untrue. The said alleged false statements and accusations relate to the sale of the fruit of olive and other trees uprooted on expropriated land by a contractor carrying out public works in the context of the construction of a dam in the municipality of Hersonissos in the Prefecture of Iraklion, of which Spyros Danellis was mayor.

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, but to his former position as Mayor of Hersonissos.

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

Spyros Danellis is accused of falsely accusing a third party of an unlawful act with the intent of having him prosecuted for it, and of making false statements about a third party which could damage that party’s reputation and good name, knowing such statements to be untrue. The said alleged false statements and accusations relate to the sale of the fruit of olive and other trees uprooted on expropriated land by a contractor carrying out public works in the context of the construction of a dam in the municipality of Hersonissos in the Prefecture of Iraklion, of which Spyros Danellis was mayor.

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 on the Privileges and Immunities of the European Union, 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 manifestly bears no relation to Spyros Danellis’ position as Member of the European Parliament, but to his former position as Mayor of Hersonissos. Therefore, there is no reason to suspect the existence of a fumus persecutionis , bearing in mind in particular that Spyros Danellis is far from being the only accused in the case in question.

On the basis of the above considerations, after considering the reasons for and against waiving the Member’s immunity, the committee recommended 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: 2013-04-24T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2013-01-22T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: LICHTENBERGER Eva
  • date: 2013-04-30T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-160&language=EN type: Committee report tabled for plenary, single reading title: A7-0160/2013 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=22906&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-2013-197 type: Decision by Parliament, 1st reading/single reading title: T7-0197/2013 body: EP type: Results of vote in Parliament
events
  • 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=A7-2013-160&language=EN title: A7-0160/2013 summary: The Committee on Legal Affairs adopted the report by Eva Lichtenberger (ADLE, AT) in which it recommends that the European Parliament waive the immunity of Spyros DANELLIS (S&D, EL). Spyros Danellis is accused of falsely accusing a third party of an unlawful act with the intent of having him prosecuted for it, and of making false statements about a third party which could damage that party’s reputation and good name, knowing such statements to be untrue. The said alleged false statements and accusations relate to the sale of the fruit of olive and other trees uprooted on expropriated land by a contractor carrying out public works in the context of the construction of a dam in the municipality of Hersonissos in the Prefecture of Iraklion, of which Spyros Danellis was mayor. 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 on the Privileges and Immunities of the European Union, 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 manifestly bears no relation to Spyros Danellis’ position as Member of the European Parliament, but to his former position as Mayor of Hersonissos. Therefore, there is no reason to suspect the existence of a fumus persecutionis , bearing in mind in particular that Spyros Danellis is far from being the only accused in the case in question. On the basis of the above considerations, after considering the reasons for and against waiving the Member’s immunity, the committee recommended 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=22906&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-2013-197 title: T7-0197/2013 summary: The European Parliament decided to waive the immunity of Spyros DANELLIS (S&D, EL). To recall, Spyros Danellis is accused of falsely accusing a third party of an unlawful act with the intent of having him prosecuted for it, and of making false statements about a third party which could damage that party's reputation and good name, knowing such statements to be untrue. The said alleged false statements and accusations relate to the sale of the fruit of olive and other trees uprooted on expropriated land by a contractor carrying out public works in the context of the construction of a dam in the municipality of Hersonissos in the Prefecture of Iraklion, of which Spyros Danellis was mayor. 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, but to his former position as Mayor of Hersonissos. 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 European Parliament decided to waive the immunity of Spyros DANELLIS (S&D, EL).

      To recall, Spyros Danellis is accused of falsely accusing a third party of an unlawful act with the intent of having him prosecuted for it, and of making false statements about a third party which could damage that party's reputation and good name, knowing such statements to be untrue. The said alleged false statements and accusations relate to the sale of the fruit of olive and other trees uprooted on expropriated land by a contractor carrying out public works in the context of the construction of a dam in the municipality of Hersonissos in the Prefecture of Iraklion, of which Spyros Danellis was mayor.

      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, but to his former position as Mayor of Hersonissos.

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

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    • The Committee on Legal Affairs adopted the report by Eva Lichtenberger (ADLE, AT) in which it recommends that the European Parliament waive the immunity of Spyros DANELLIS (S&D, EL).

      Spyros Danellis is accused of falsely accusing a third party of an unlawful act with the intent of having him prosecuted for it, and of making false statements about a third party which could damage that party’s reputation and good name, knowing such statements to be untrue. The said alleged false statements and accusations relate to the sale of the fruit of olive and other trees uprooted on expropriated land by a contractor carrying out public works in the context of the construction of a dam in the municipality of Hersonissos in the Prefecture of Iraklion, of which Spyros Danellis was mayor.

      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 on the Privileges and Immunities of the European Union, 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 manifestly bears no relation to Spyros Danellis’ position as Member of the European Parliament, but to his former position as Mayor of Hersonissos. Therefore, there is no reason to suspect the existence of a fumus persecutionis, bearing in mind in particular that Spyros Danellis is far from being the only accused in the case in question.

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

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