The Committee on Legal Affairs adopted the report by Bernhard RAPKAY (S&D, DE) in which it called on the European Parliament not to defend the request for defence of the immunity and privileges of Mario BORGHEZIO (IT, NI).

Members recalled that Mario Borghezio (MEP) requested the defence of his parliamentary immunity in connection with proceedings before the Court in Milan in connection with statements he is alleged to have made in a radio interview of 8 April 2013.

They recalled that according to Article 8 of the Protocol on the Privileges and Immunities of the European Union, 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.

Members stressed however that this right does not authorise slander, libel, incitement to hatred, questioning the honour of others, or any utterance contrary to Article 21 of the Charter of Fundamental Rights of the European Union.

According to the notice served by the Prosecutor’s Office, the statements in question are punishable, that is to say for repeated public defamation and spreading discriminatory ideas founded on superiority or racial hatred.

Given that the statements alleged to have been made exceed the tone generally encountered in political debate and are, moreover, profoundly unparliamentary in nature (contrary to Article 21 of the Charter of Fundamental Rights of the European Union and cannot therefore be deemed to have been made in the performance of the duties of a Member of the European Parliament), Members called on the European Parliament not to defend the immunity and privileges of Mario Borghezio.