BETA


2013/2031(REG) EP Rules of Procedure, Rule 7: waiver and defence of parliamentary immunity

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead AFCO JÄÄTTEENMÄKI Anneli (icon: ALDE ALDE) WIELAND Rainer (icon: PPE PPE), LEINEN Jo (icon: S&D S&D), HÄFNER Gerald (icon: Verts/ALE Verts/ALE), FOX Ashley (icon: ECR ECR), SCHOLZ Helmut (icon: GUE/NGL GUE/NGL), MESSERSCHMIDT Morten (icon: EFD EFD)
Committee Opinion JURI LEHNE Klaus-Heiner (icon: PPE PPE)
Lead committee dossier:
Legal Basis:
RoP 227-p1

Events

2014/01/16
   EP - Results of vote in Parliament
2014/01/16
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted a decision on the amendment of Parliament's Rules of Procedure on the waiver and the defence of parliamentary immunity.

Parliament stipulated that Parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole and of its Members .

Procedures on immunity : the amended Regulation stated that any request for waiver of immunity shall be evaluated in accordance with Articles 7, 8 and 9 of the Protocol on the Privileges and Immunities of the European Union and with the principles referred to in the Parliament’s Rules of Procedure.

Defence of privileges and immunity : in a new Article, it is stated that in cases where the privileges and immunities of a Member or former Member are alleged to have been breached by the authorities of a Member State, a request for a Parliament decision as to whether there has, in fact, been a breach of those privileges and immunities may be made. In particular, such a request for the defence of privileges and immunities may be made if it is considered that the circumstances constitute an administrative or other restriction on the free movement of Members travelling to or from the place of meeting of Parliament or on an opinion expressed or a vote cast in the performance of their duties , or that they fall within the scope of Article 9 of the Protocol on the Privileges and Immunities of the European Union.

Admissibility : it is stipulated that a request for the defence of the privileges and immunities of a Member shall not be admissible if a request for the waiver or defence of that Member’s immunity has already been received in respect of the same legal proceedings , whether or not a decision has been taken at that time.

Reconsideration : in cases where a decision has been taken not to defend the privileges and immunities of a Member, the Member may make a request for reconsideration of the decision, submitting new evidence . The request for reconsideration shall be inadmissible if proceedings have been instituted against the decision under Article 263 of the Treaty on the Functioning of the European Union, or if the President considers that the new evidence submitted is not sufficiently substantiated to warrant reconsideration.

Right to be heard : clarifications have been made, on the one hand, to ensure that Members may be heard and on the other, to ensure that they cannot repeatedly postpone their hearing in order to block judicial proceedings against them.

Principles for the application of this Rule : a new provision has been introduced on the principles for the application of this Rule.

It should be noted that a certain number of articles have been moved. These concern:

emergency situations (as a matter of urgency, in circumstances where a Member is arrested or has his or her freedom of movement curtailed in apparent breach of their privileges and immunities, the President, after consulting the chair and rapporteur of the committee responsible, may take an initiative to assert the privileges and immunities of the Member concerned); defence of privileges and immunity; provisions on hearings ; the question whether a request for a waiver of immunity is required in cases where Members are to appear as witnesses. the basic criteria for defending the immunity of a Member.

Documents
2014/01/16
   EP - End of procedure in Parliament
2014/01/08
   EP - Committee report tabled for plenary, single reading
Details

The Committee on Constitutional Affairs adopted the report by Anneli JÄÄTTEENMÄKI (ADLE, FI) on the amendment of Parliament's Rules of Procedure on the waiver and the defence of parliamentary immunity.

Members stipulated that Parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole and of its Members .

Procedures on immunity : the report stated that any request for waiver of immunity shall be evaluated in accordance with Articles 7, 8 and 9 of the Protocol on the Privileges and Immunities of the European Union and with the principles referred to in the Parliament’s Rules of Procedure.

Defence of privileges and immunity : in a new Article it is stated that in cases where the privileges and immunities of a Member or former Member are alleged to have been breached by the authorities of a Member State, a request for a Parliament decision as to whether there has, in fact, been a breach of those privileges and immunities may be made. In particular, such a request for the defence of privileges and immunities may be made if it is considered that the circumstances constitute an administrative or other restriction on the free movement of Members travelling to or from the place of meeting of Parliament or on an opinion expressed or a vote cast in the performance of their duties , or that they fall within the scope of Article 9 of the Protocol on the Privileges and Immunities of the European Union.

Admissibility : it is stipulated that a request for the defence of the privileges and immunities of a Member shall not be admissible if a request for the waiver or defence of that Member’s immunity has already been received in respect of the same legal proceedings , whether or not a decision has been taken at that time.

Reconsideration : in cases where a decision has been taken not to defend the privileges and immunities of a Member, the Member may make a request for reconsideration of the decision, submitting new evidence . The request for reconsideration shall be inadmissible if proceedings have been instituted against the decision under Article 263 of the Treaty on the Functioning of the European Union, or if the President considers that the new evidence submitted is not sufficiently substantiated to warrant reconsideration.

Right to be heard : clarifications have been made to ensure that Members may be heard, but that they cannot repeatedly postpone their hearing in order to block judicial proceedings against them.

Principles for the application of this Rule : a new provision has been introduced on the principles for application. This addition is not meant to empower the committee to make substantive assessments, which in the end are a matter for Parliament. The aim is to ensure that when the cases are similar, so too will be the approaches proposed by the Committee on Legal Affairs, thus laying the foundations for a kind of ‘case law’.

It should be noted that a certain number of articles have been moved. These concern:

emergency situations (as a matter of urgency, in circumstances where a Member is arrested or has his or her freedom of movement curtailed in apparent breach of their privileges and immunities, the President, after consulting the chair and rapporteur of the committee responsible, may take an initiative to assert the privileges and immunities of the Member concerned); defence of privileges and immunity; provisions on hearings ; the question whether a request for a waiver of immunity is required in cases where Members are to appear as witnesses. the basic criteria for defending the immunity of a Member.

Documents
2013/12/17
   EP - Vote in committee, 1st reading/single reading
2013/11/21
   EP - Committee referral announced in Parliament, 1st reading/single reading
2013/10/24
   EP - Amendments tabled in committee
Documents
2013/07/17
   EP - Committee draft report
Documents
2013/07/10
   EP - Committee opinion
Documents
2013/02/20
   EP - LEHNE Klaus-Heiner (PPE) appointed as rapporteur in JURI
2013/02/04
   EP - JÄÄTTEENMÄKI Anneli (ALDE) appointed as rapporteur in AFCO

Documents

AmendmentsDossier
17 2013/2031(REG)
2013/06/26 JURI 11 amendments...
source: PE-513.181
2013/10/24 AFCO 6 amendments...
source: PE-522.811

History

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

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  • date: 2013-12-17T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: PPE name: WIELAND Rainer group: S&D name: LEINEN Jo group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SCHOLZ Helmut group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2013-02-04T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: JÄÄTTEENMÄKI Anneli body: EP responsible: False committee: JURI date: 2013-02-20T00:00:00 committee_full: Legal Affairs rapporteur: group: PPE name: LEHNE Klaus-Heiner
  • date: 2014-01-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2014-0012&language=EN type: Committee report tabled for plenary, single reading title: A7-0012/2014 body: EP type: Committee report tabled for plenary, single reading
  • date: 2014-01-16T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=23921&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-2014-0035 type: Decision by Parliament, 1st reading/single reading title: T7-0035/2014 body: EP type: Results of vote in Parliament
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  • date: 2013-07-17T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE516.644 title: PE516.644 type: Committee draft report body: EP
  • date: 2013-10-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE522.811 title: PE522.811 type: Amendments tabled in committee body: EP
events
  • date: 2013-11-21T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2013-12-17T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2014-01-08T00:00:00 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=A7-2014-0012&language=EN title: A7-0012/2014 summary: The Committee on Constitutional Affairs adopted the report by Anneli JÄÄTTEENMÄKI (ADLE, FI) on the amendment of Parliament's Rules of Procedure on the waiver and the defence of parliamentary immunity. Members stipulated that Parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole and of its Members . Procedures on immunity : the report stated that any request for waiver of immunity shall be evaluated in accordance with Articles 7, 8 and 9 of the Protocol on the Privileges and Immunities of the European Union and with the principles referred to in the Parliament’s Rules of Procedure. Defence of privileges and immunity : in a new Article it is stated that in cases where the privileges and immunities of a Member or former Member are alleged to have been breached by the authorities of a Member State, a request for a Parliament decision as to whether there has, in fact, been a breach of those privileges and immunities may be made. In particular, such a request for the defence of privileges and immunities may be made if it is considered that the circumstances constitute an administrative or other restriction on the free movement of Members travelling to or from the place of meeting of Parliament or on an opinion expressed or a vote cast in the performance of their duties , or that they fall within the scope of Article 9 of the Protocol on the Privileges and Immunities of the European Union. Admissibility : it is stipulated that a request for the defence of the privileges and immunities of a Member shall not be admissible if a request for the waiver or defence of that Member’s immunity has already been received in respect of the same legal proceedings , whether or not a decision has been taken at that time. Reconsideration : in cases where a decision has been taken not to defend the privileges and immunities of a Member, the Member may make a request for reconsideration of the decision, submitting new evidence . The request for reconsideration shall be inadmissible if proceedings have been instituted against the decision under Article 263 of the Treaty on the Functioning of the European Union, or if the President considers that the new evidence submitted is not sufficiently substantiated to warrant reconsideration. Right to be heard : clarifications have been made to ensure that Members may be heard, but that they cannot repeatedly postpone their hearing in order to block judicial proceedings against them. Principles for the application of this Rule : a new provision has been introduced on the principles for application. This addition is not meant to empower the committee to make substantive assessments, which in the end are a matter for Parliament. The aim is to ensure that when the cases are similar, so too will be the approaches proposed by the Committee on Legal Affairs, thus laying the foundations for a kind of ‘case law’. It should be noted that a certain number of articles have been moved. These concern: emergency situations (as a matter of urgency, in circumstances where a Member is arrested or has his or her freedom of movement curtailed in apparent breach of their privileges and immunities, the President, after consulting the chair and rapporteur of the committee responsible, may take an initiative to assert the privileges and immunities of the Member concerned); defence of privileges and immunity; provisions on hearings ; the question whether a request for a waiver of immunity is required in cases where Members are to appear as witnesses. the basic criteria for defending the immunity of a Member.
  • date: 2014-01-16T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=23921&l=en title: Results of vote in Parliament
  • date: 2014-01-16T00:00:00 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-2014-0035 title: T7-0035/2014 summary: The European Parliament adopted a decision on the amendment of Parliament's Rules of Procedure on the waiver and the defence of parliamentary immunity. Parliament stipulated that Parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole and of its Members . Procedures on immunity : the amended Regulation stated that any request for waiver of immunity shall be evaluated in accordance with Articles 7, 8 and 9 of the Protocol on the Privileges and Immunities of the European Union and with the principles referred to in the Parliament’s Rules of Procedure. Defence of privileges and immunity : in a new Article, it is stated that in cases where the privileges and immunities of a Member or former Member are alleged to have been breached by the authorities of a Member State, a request for a Parliament decision as to whether there has, in fact, been a breach of those privileges and immunities may be made. In particular, such a request for the defence of privileges and immunities may be made if it is considered that the circumstances constitute an administrative or other restriction on the free movement of Members travelling to or from the place of meeting of Parliament or on an opinion expressed or a vote cast in the performance of their duties , or that they fall within the scope of Article 9 of the Protocol on the Privileges and Immunities of the European Union. Admissibility : it is stipulated that a request for the defence of the privileges and immunities of a Member shall not be admissible if a request for the waiver or defence of that Member’s immunity has already been received in respect of the same legal proceedings , whether or not a decision has been taken at that time. Reconsideration : in cases where a decision has been taken not to defend the privileges and immunities of a Member, the Member may make a request for reconsideration of the decision, submitting new evidence . The request for reconsideration shall be inadmissible if proceedings have been instituted against the decision under Article 263 of the Treaty on the Functioning of the European Union, or if the President considers that the new evidence submitted is not sufficiently substantiated to warrant reconsideration. Right to be heard : clarifications have been made, on the one hand, to ensure that Members may be heard and on the other, to ensure that they cannot repeatedly postpone their hearing in order to block judicial proceedings against them. Principles for the application of this Rule : a new provision has been introduced on the principles for the application of this Rule. It should be noted that a certain number of articles have been moved. These concern: emergency situations (as a matter of urgency, in circumstances where a Member is arrested or has his or her freedom of movement curtailed in apparent breach of their privileges and immunities, the President, after consulting the chair and rapporteur of the committee responsible, may take an initiative to assert the privileges and immunities of the Member concerned); defence of privileges and immunity; provisions on hearings ; the question whether a request for a waiver of immunity is required in cases where Members are to appear as witnesses. the basic criteria for defending the immunity of a Member.
  • date: 2014-01-16T00:00:00 type: End of procedure in Parliament body: EP
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    • type: Committee report tabled for plenary, single reading title: A7-0012/2014
    activities/5/type
    Old
    Indicative plenary sitting date, 1st reading/single reading
    New
    Vote in plenary scheduled
    activities/4
    date
    2014-01-08T00:00:00
    body
    EP
    type
    Committee report tabled for plenary, single reading
    activities/5/date
    Old
    2014-02-04T00:00:00
    New
    2014-01-16T00:00:00
    procedure/stage_reached
    Old
    Awaiting committee decision
    New
    Awaiting Parliament 1st reading / single reading / budget 1st stage
    activities/3
    date
    2013-12-17T00:00:00
    body
    EP
    type
    Vote in committee, 1st reading/single reading
    committees
    procedure/Modified legal basis
    Rules of Procedure of the European Parliament EP 138
    activities/3/date
    Old
    2014-01-14T00:00:00
    New
    2014-02-04T00:00:00
    activities
    • date: 2013-07-17T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE516.644 type: Committee draft report title: PE516.644 body: EP type: Committee draft report
    • date: 2013-10-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE522.811 type: Amendments tabled in committee title: PE522.811 body: EP type: Amendments tabled in committee
    • date: 2013-11-21T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: EPP name: WIELAND Rainer group: S&D name: LEINEN Jo group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SCHOLZ Helmut group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2013-02-04T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: JÄÄTTEENMÄKI Anneli body: EP responsible: False committee: JURI date: 2013-02-20T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: LEHNE Klaus-Heiner
    • date: 2014-01-14T00:00:00 body: EP type: Indicative plenary sitting date, 1st reading/single reading
    committees
    • body: EP shadows: group: EPP name: WIELAND Rainer group: S&D name: LEINEN Jo group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: GUE/NGL name: SCHOLZ Helmut group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2013-02-04T00:00:00 committee_full: Constitutional Affairs rapporteur: group: ALDE name: JÄÄTTEENMÄKI Anneli
    • body: EP responsible: False committee: JURI date: 2013-02-20T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: LEHNE Klaus-Heiner
    links
    other
      procedure
      dossier_of_the_committee
      AFCO/7/12009
      reference
      2013/2031(REG)
      title
      EP Rules of Procedure, Rule 7: waiver and defence of parliamentary immunity
      legal_basis
      Rules of Procedure of the European Parliament EP 212-p1
      stage_reached
      Awaiting committee decision
      subtype
      Rules
      type
      REG - Parliament's Rules of Procedure
      subject
      8.40.01.08 Business of Parliament, procedure, sittings, rules of procedure