The Committee on Legal Affairs adopted the report by
Eva LICHTENBERGER (Greens/EFA, AT) in which it recommended the
European Parliament to defend the immunity and privileges of
LARA COMI (EPP, IT).
To recall, Lara Comi, MEP, has requested the defence
of her parliamentary immunity in relation to an action brought by
the Public Prosecutions Department in Ferrara in response to a
complaint alleging aggravated slander as referred to in Article
595(2) and (3) of the Italian Criminal Code and Article 30 of Law
No 223 of 6 August 1990 on the basis of statements which she is
alleged to have made during a political debate broadcast on
television.
During the television programme ‘Servizio
pubblico’ of 24 January 2013, Lara Comi debated with Antonio
Ingroia, the leader of a political party, matters relating to
public procurement and organised crime in connection with the
bankruptcy of Coopcostruzioni. In this context, a discussion arose
concerning Roberto Soffritti, the former Mayor of Ferrara, who was
standing as a candidate in the Italian national elections of
February 2013 on the party list of Antonio Ingroia. Mr Soffritti
claims that the statements made by Lara Comi concerning him during
the debate in question were damaging to his reputation, and he
therefore filed a complaint on the grounds of aggravated
slander.
For her part, Ms Comi claims that she was speaking in
her capacity as a Member of the European Parliament and that she
spoke about public procurement, a subject of public interest with
which she had always concerned herself as part of her work at the
European Parliament.
The committee recalled that Article 8 of the Protocol
on the Privileges and Immunities of the European Union, which Lara
Comi expressly invokes in her request for defence, stipulates that
Members of the European Parliament may not be subject to any form
of inquiry, detention or legal proceedings in respect of opinions
expressed or votes cast by them in the performance of their duties.
Article 6 of its Rules of Procedure stipulates that, 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.
The Court of Justice has recognised that a statement
made by a Member beyond the precincts of the European Parliament
may constitute an opinion expressed in the performance of their
duties as referred to in Article 8 of the Protocol, taking the view
that it is not the place where a statement is made that matters,
but the nature and content of the statement.
Given that Lara Comi was invited to the television
broadcast at issue in her capacity as a Member of the European
Parliament and not as a national representative of a party, the
Committee on Legal Affairs recommended the European Parliament
to defend the immunity and privileges of Lara COMI, recalling
that the next day Ms Comi sent her apologies to the
complainant.