Procedure completed
2013/2031(REG) EP Rules of Procedure, Rule 7: waiver and defence of parliamentary immunity
Next event: Decision by Parliament, 1st reading/single reading 2014/01/16
Lead committee dossier: AFCO/7/12009
Legal Basis RoP 212-p1
Next event: Decision by Parliament, 1st reading/single reading 2014/01/16
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | AFCO | JÄÄTTEENMÄKI Anneli (ALDE) | WIELAND Rainer (EPP), LEINEN Jo (S&D), HÄFNER Gerald (Verts/ALE), FOX Ashley (ECR), SCHOLZ Helmut (GUE/NGL), MESSERSCHMIDT Morten (EFD) |
Opinion | JURI | LEHNE Klaus-Heiner (EPP) |
Legal Basis RoP 212-p1
Activites
- 2014/01/16 Decision by Parliament, 1st reading/single reading
- 2014/01/08 Committee report tabled for plenary, single reading
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2013/12/17
Vote in committee, 1st reading/single reading
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2013/11/21
Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee report tabled for plenary, single reading: A7-0012/2014
- Decision by Parliament, 1st reading/single reading: T7-0035/2014
Amendments | Dossier |
17 |
2013/2031(REG)
2013/06/26
JURI
11 amendments...
Amendment 15 #
Rule 6 – paragraph 1 1. In the exercise of its powers in respect of privileges and immunities, Parliament
Amendment 16 #
Rule 6 – paragraph 1 1. In the exercise of its powers in respect of privileges and immunities, Parliament shall seek primarily to uphold its integrity as a democratic legislative assembly and to secure the independence of its Members in the performance of their duties. Parliament may not waive the immunity provided for in Article 8 of the Protocol on the Privileges and Immunities of the European Union.
Amendment 17 #
Rule 6 – paragraph 1 a (new) 1a. Parliamentary immunity is not a Member’s personal privilege, but a guarantee of the independence of Parliament as a whole and its Members.
Amendment 18 #
Rule 6 – paragraph 1 b (new) 1b. Parliament assesses whether the legal action requiring the waiver is motivated by a will to impede the functioning of Parliament or to attack the Member because of his or her membership of Parliament.
Amendment 19 #
Rule 6 – paragraph 1 c (new) 1c. The request for waiver of immunity is evaluated in accordance with the provisions of Articles 7, 8 and 9 of the Protocol on the Privileges and Immunities of the European Union and with the principles referred to in this Rule.
Amendment 20 #
Rule 6 a (new) Rule 6a – Defence of immunity 1. In cases where the privileges or immunities of a Member or former Member are alleged to have been breached by the authorities of a Member State, a request may be made for the defence of those privileges or immunities. 2. 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 facts, whether or not a decision has been taken at that time. 3. No further consideration shall be given to a request for the defence of the privileges and immunities of a Member if a request for the waiver of that Member’s immunity is received in respect of the same legal proceedings. 4. In cases where a decision has been taken not to defend the immunity of a Member, the Member may make a request to reconsider the decision only in the light of new facts. No request for defence shall be entertained where the matter to which the request relates is already before the Court of Justice.
Amendment 21 #
Rule 6 a – paragraph 1 – subparagraph 2 (new) Where national law is applicable to a procedure for the defence of immunity pursuant to Article 9, first paragraph, point a, of the Protocol on Privileges and Immunities, the decision on the defence of immunity shall have the legal effects which the national law in question confers on such decisions.
Amendment 22 #
Rule 6 a (new) Defence of immunity 1. 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 may be made for a Parliament decision as to whether there has, in fact, been a breach of those privileges and immunities. That decision shall invite the authority concerned to draw the necessary conclusions. 2. In particular, a request for the defence of immunity or privileges may be made if it is considered that the circumstances constitute an administrative or other restriction imposed on the free movement of Members travelling to or from the place of meeting of Parliament or an opinion expressed or a vote cast in the performance of the mandate or fall within aspects of Article 9 of the Protocol on Privileges and Immunities. 3. Acting on its own authority or at the request of the Member concerned, Parliament may, at any stage of the procedure, review a decision to waive or defend immunity if the circumstances giving rise to an earlier decision have materially altered or if, given the course of the procedure to date, such action seems warranted.
Amendment 23 #
Rule 7 – paragraph 3 a (new) 3a. The Member concerned shall be given an opportunity to be heard, may present any documents or other written evidence deemed by that Member to be relevant and may be represented by another Member. The Member shall not be present during debates on the request for waiver or defence of his or her immunity, except for the hearing itself. The Chair of the committee shall invite the Member to be heard, indicating a date and time. The Member may waive the right to be heard. If the Member fails to attend the hearing pursuant to that invitation, he or she shall be deemed to have waived the right to be heard, unless he or she asks to be excused from being heard at the date and time proposed, giving reasons. The coordinators of the committee are empowered to rule, upon a recommendation by the rapporteur, whether such a request is to be accepted in view of the reasons given. No appeals are permitted on this point. If the coordinators of the committee grant the request to be excused, the chair of the committee shall invite the Member to be heard at a new date and time. If the Member fails to comply with the second invitation to be heard, the procedure shall continue without the Member having been heard. No further requests to be excused, or to be heard, may then be accepted.
Amendment 24 #
Rule 7 – paragraph 3 b (new) 3b. The competent committee shall consider whether the opinion expressed by the Member with respect to issues of general interest has a link with the performance of his duties as a representative of the European people.
Amendment 25 #
Rule 7 – paragraph 6 6. In cases concerning the defence of immunity or privileges, the committee shall
source: PE-513.181
2013/10/24
AFCO
6 amendments...
Amendment 16 #
Rule 5 – paragraph 1 a (new) 1a. Parliamentary immunity is not a Member’s personal privilege, but a guarantee of the independence of Parliament as a whole and its Members.
Amendment 17 #
Rule 6 – paragraph 1 a (new) 1a. Where it is called upon to decide on the application of Article 8 of the Protocol on the Privileges and Immunities of the European Union, Parliament, which may not waive the immunity provided for therein, shall deliver a reasoned opinion. In the interests of justice, Parliament shall waive the immunity of a Member provided for in Article 9 of that Protocol unless there are overriding reasons to presume that the legal proceedings requiring the waiver are motivated by a determination to impede the functioning of Parliament or to attack the Member because of his or her membership of Parliament.
Amendment 18 #
Rule 6 – paragraph 1 b (new) 1b. Acting on its own initiative or at the request of the Member concerned, Parliament may, at any stage of the procedure, review a decision to waive or defend immunity if the circumstances giving rise to an earlier decision have materially altered or if, given the course of the procedure to date, such action seems warranted.
Amendment 19 #
Rule 6 a (new) Rule 6a Defence of privileges and immunity 1. 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 accordance with Rule 7(-1). 2. 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 imposed 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 the mandate or that they fall within aspects of Article 9 of the Protocol on Privileges and Immunities of the European Union. 3. 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. 4. No further consideration shall be given to a request for the defence of the privileges and immunities of a Member if a request for the waiver of that Member’s immunity is received in respect of the same legal proceedings. 5. In cases where a decision has been taken not to defend the privileges and immunities of a Member, the Member may make a request to reconsider the decision, submitting new evidence. The request for reconsideration shall be inadmissible if proceedings have been instituted against the decision under Article 263 TFEU, or if the President considers that the new evidence submitted is not sufficiently substantiated to warrant reconsideration.
Amendment 20 #
Rule 7 – paragraph -1 (new) -1. A competent authority of a Member State may address a request to the President to waive a Member’s immunity; a Member or a former Member may address a request to the President to defend privileges and immunities. Such requests shall be announced in Parliament and referred to the committee responsible.
Amendment 21 #
Rule 7 – paragraph 12 a (new) 12a. The committee shall lay down principles for the application of this Rule.
source: PE-522.811
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History
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