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 partys 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 Members
immunity, the committee recommended that the European Parliament
should waive the parliamentary immunity of Spyros
Danellis.