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2014/2045(IMM) Request for the waiver of the immunity of Ana Gomes

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI HAUTALA Heidi (icon: Verts/ALE Verts/ALE)
Lead committee dossier:
Legal Basis:
RoP 6

Events

2014/11/13
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2014/11/13
   EP - Decision by Parliament
Details

The European Parliament decided not to waive the immunity of Ana GOMES (S&D, PT).

To recall, on 18 June 2014, the Deputy Attorney General of the Portuguese Republic forwarded the request for the waiver of the parliamentary immunity of Ana Gomes in connection with criminal proceedings pending before the second section of the Lisbon Department of Investigation and Criminal Proceedings (ref. NUIPC 8773/13.4TDLSB).

The affair concerned allegedly defamatory statements made by Ms Gomes during a television debate in which she spoke as a Member of the European Parliament to discuss matters in which she had taken an interest at European level.

In drawing attention to the decision of the Portuguese Government on the privatisation of the naval shipyards of Viana do Castelo – a decision which also led to an investigation by the European Commission on infringement of the EU rules on state aid –, she was fulfilling her mandate as a Member of the European Parliament.

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

Recalling that 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, Parliament decided not to waive the parliamentary immunity of Ms Ana Gomes .

Documents
T8-0046/2014
2014/11/13
   EP - End of procedure in Parliament
2014/11/11
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs unanimously adopted the report by Heidi HAUTALA (Greens/EFA, FI) calling on the European Parliament not to waive the immunity of Ana GOMES (S&D, PT).

To recall, Members noted that the Deputy Attorney General of the Portuguese Republic forwarded the request for the waiver of the parliamentary immunity of Ana Gomes, made by a public prosecutor of the Lisbon Department of Investigation and Criminal Proceedings in connection with allegedly defamatory statements made by Ms Gomes during a television debate.

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

However, in the television broadcast in question, Ana Gomes spoke as a Member of the European Parliament to discuss matters in which she had taken an interest at European level.

In drawing attention to the decision of the Portuguese Government on the privatisation of the naval shipyards of Viana do Castelo – a decision which also led to an investigation by the European Commission on infringement of the EU rules on state aid –, she was fulfilling her mandate as a Member of the European Parliament.

Recalling that 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, and that in modern democracies political debate takes place not only in Parliament but also through communications media, Members recommended that the European Parliament should not waive the parliamentary immunity of Ms Ana Gomes .

Documents
A8-0025/2014
2014/11/10
   EP - Vote in committee
2014/07/10
   EP - HAUTALA Heidi (Verts/ALE) appointed as rapporteur in JURI

Activities

History

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

2021-12-18Show (7) Changes | Timetravel
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Old
Vote in committee, 1st reading/single reading
New
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Rules of Procedure EP 159
2020-01-19Show (4) Changes | Timetravel
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New
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2019-07-06Show (12) Changes | Timetravel
activities
  • date: 2014-11-10T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2014-07-10T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: HAUTALA Heidi
  • date: 2014-11-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2014-0025&language=EN type: Committee report tabled for plenary, single reading title: A8-0025/2014 body: EP type: Committee report tabled for plenary, single reading
  • date: 2014-11-13T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=24868&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=P8-TA-2014-0046 type: Decision by Parliament, 1st reading/single reading title: T8-0046/2014 body: EP type: Results of vote in Parliament
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  • date: 2014-11-10T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2014-11-11T00:00:00 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=A8-2014-0025&language=EN title: A8-0025/2014 summary: The Committee on Legal Affairs unanimously adopted the report by Heidi HAUTALA (Greens/EFA, FI) calling on the European Parliament not to waive the immunity of Ana GOMES (S&D, PT). To recall, Members noted that the Deputy Attorney General of the Portuguese Republic forwarded the request for the waiver of the parliamentary immunity of Ana Gomes, made by a public prosecutor of the Lisbon Department of Investigation and Criminal Proceedings in connection with allegedly defamatory statements made by Ms Gomes during a television debate. They recalled that according to Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament shall 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. However, in the television broadcast in question, Ana Gomes spoke as a Member of the European Parliament to discuss matters in which she had taken an interest at European level. In drawing attention to the decision of the Portuguese Government on the privatisation of the naval shipyards of Viana do Castelo – a decision which also led to an investigation by the European Commission on infringement of the EU rules on state aid –, she was fulfilling her mandate as a Member of the European Parliament. Recalling that 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, and that in modern democracies political debate takes place not only in Parliament but also through communications media, Members recommended that the European Parliament should not waive the parliamentary immunity of Ms Ana Gomes .
  • date: 2014-11-13T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=24868&l=en title: Results of vote in Parliament
  • date: 2014-11-13T00:00:00 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=P8-TA-2014-0046 title: T8-0046/2014 summary: The European Parliament decided not to waive the immunity of Ana GOMES (S&D, PT). To recall, on 18 June 2014, the Deputy Attorney General of the Portuguese Republic forwarded the request for the waiver of the parliamentary immunity of Ana Gomes in connection with criminal proceedings pending before the second section of the Lisbon Department of Investigation and Criminal Proceedings (ref. NUIPC 8773/13.4TDLSB). The affair concerned allegedly defamatory statements made by Ms Gomes during a television debate in which she spoke as a Member of the European Parliament to discuss matters in which she had taken an interest at European level. In drawing attention to the decision of the Portuguese Government on the privatisation of the naval shipyards of Viana do Castelo – a decision which also led to an investigation by the European Commission on infringement of the EU rules on state aid –, she was fulfilling her mandate as a Member of the European Parliament. Parliament recalled that according to Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament shall 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. Recalling that 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, Parliament decided not to waive the parliamentary immunity of Ms Ana Gomes .
  • date: 2014-11-13T00:00:00 type: End of procedure in Parliament body: EP
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    2015-11-04Show (2) Changes | Timetravel
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    2015-01-07Show (2) Changes | Timetravel
    activities/1/docs/0/text

    • The Committee on Legal Affairs unanimously adopted the report by Heidi HAUTALA (Greens/EFA, FI) calling on the European Parliament not to waive the immunity of Ana GOMES (S&D, PT).

      To recall, Members noted that the Deputy Attorney General of the Portuguese Republic forwarded the request for the waiver of the parliamentary immunity of Ana Gomes, made by a public prosecutor of the Lisbon Department of Investigation and Criminal Proceedings in connection with allegedly defamatory statements made by Ms Gomes during a television debate.

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

      However, in the television broadcast in question, Ana Gomes spoke as a Member of the European Parliament to discuss matters in which she had taken an interest at European level.

      In drawing attention to the decision of the Portuguese Government on the privatisation of the naval shipyards of Viana do Castelo – a decision which also led to an investigation by the European Commission on infringement of the EU rules on state aid –, she was fulfilling her mandate as a Member of the European Parliament.

      Recalling that 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, and that in modern democracies political debate takes place not only in Parliament but also through communications media, Members recommended that the European Parliament should not waive the parliamentary immunity of Ms Ana Gomes.
    activities/2/docs/0/text

    • The European Parliament decided not to waive the immunity of Ana GOMES (S&D, PT).

      To recall, on 18 June 2014, the Deputy Attorney General of the Portuguese Republic forwarded the request for the waiver of the parliamentary immunity of Ana Gomes in connection with criminal proceedings pending before the second section of the Lisbon Department of Investigation and Criminal Proceedings (ref. NUIPC 8773/13.4TDLSB).

      The affair concerned allegedly defamatory statements made by Ms Gomes during a television debate in which she spoke as a Member of the European Parliament to discuss matters in which she had taken an interest at European level.

      In drawing attention to the decision of the Portuguese Government on the privatisation of the naval shipyards of Viana do Castelo – a decision which also led to an investigation by the European Commission on infringement of the EU rules on state aid –, she was fulfilling her mandate as a Member of the European Parliament.

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

      Recalling that 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, Parliament decided not to waive the parliamentary immunity of Ms Ana Gomes.
    2014-11-18Show (2) Changes | Timetravel
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    2014-11-16Show (1) Changes | Timetravel
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    2014-11-12Show (3) Changes | Timetravel
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    2014-08-27Show (1) Changes | Timetravel
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    2014-07-18Show (5) Changes
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