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2014/2259(IMM) Request for the waiver of the immunity of Sergei Stanishev

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI DUDA Andrzej (icon: ECR ECR)
Lead committee dossier:
Legal Basis:
RoP 6

Events

2015/03/11
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2015/03/11
   EP - Decision by Parliament
Details

The European Parliament decided to waive the immunity of Sergei Stanishev (S&D, BG).

It recalled that the Chief Public Prosecutor of the Republic of Bulgaria had forwarded a request from the Public Prosecutor’s Office of the City of Sofia for authorisation to continue criminal proceedings against Sergei Stanishev with regard to an offence under the Bulgarian Criminal Code. Mr Stanishev was alleged to have lost, in his former capacity as Prime Minister of Bulgaria, seven documents containing information which constituted State secrets under the Bulgarian Act on the Protection of Classified Information.

Parliament recalled that under Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament might 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. Under Article 9 of the Protocol, Members must enjoy, in the territory of their own State, the immunities accorded to members of their parliament.

However, the alleged offence did not have a direct or obvious connection with Mr Stanishev’s performance of his duties as a Member of the European Parliament.

Accordingly, Parliament decided to waive the immunity of Mr. STANISHEV .

Documents
T8-0060/2015
2015/03/11
   EP - End of procedure in Parliament
2015/03/09
   EP - Vote in committee
2015/03/09
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted the report by Andrzej DUDA (ECR, PL), and recommended that the European Parliament waive the immunity of Sergei Stanishev (S&D, BG).

Members recalled that the Chief Public Prosecutor of the Republic of Bulgaria had forwarded a request from the Public Prosecutor’s Office of the City of Sofia for authorisation to continue criminal proceedings against Sergei Stanishev with regard to an offence under the Bulgarian Criminal Code. Mr Stanishev was alleged to have lost, in his former capacity as Prime Minister of Bulgaria, seven documents containing information which constituted State secrets under the Bulgarian Act on the Protection of Classified Information (‘the PCI Act’). It was alleged that he passed on these documents to third parties.

The committee recalled that under Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament might 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. Under Article 9 of the Protocol, Members must enjoy, in the territory of their own State, the immunities accorded to members of their parliament.

However, the alleged offence did not have a direct or obvious connection with Mr Stanishev’s performance of his duties as a Member of the European Parliament, and nor did it constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union.

In this case, the committee found no evidence of fumus persecutionis , that is to say, a sufficiently serious and precise suspicion that the case had been brought with the intention of causing political damage to the Member concerned.

On the basis of the above considerations and pursuant to Rule 9(3) of the Rules of Procedure, the Committee on Legal Affairs recommended that the European Parliament should waive the parliamentary immunity of Mr Stanishev.

Documents
A8-0045/2015
2015/01/20
   EP - DUDA Andrzej (ECR) 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
events/0/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
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2015-03-09T00:00:00
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Committee report tabled for plenary
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2015-03-11T00:00:00
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summary
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/Other legal basis
Rules of Procedure EP 159
2020-01-19Show (4) Changes | Timetravel
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
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False
rapporteur
name: DUDA Andrzej date: 2015-01-20T00:00:00 group: European Conservatives and Reformists abbr: ECR
committees/0
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date
2015-01-20T00:00:00
rapporteur
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events/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0045&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-8-2015-0045_EN.html
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0060
New
http://www.europarl.europa.eu/doceo/document/TA-8-2015-0060_EN.html
2019-07-12Show (2) Changes | Timetravel
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
date
2015-01-20T00:00:00
rapporteur
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committees/0
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committee
JURI
date
2015-01-20T00:00:00
committee_full
Legal Affairs
rapporteur
group: ECR name: DUDA Andrzej
2019-07-06Show (10) Changes | Timetravel
activities
  • date: 2015-03-09T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2015-01-20T00:00:00 committee_full: Legal Affairs rapporteur: group: ECR name: DUDA Andrzej docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0045&language=EN type: Committee report tabled for plenary, single reading title: A8-0045/2015
  • date: 2015-03-11T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=25373&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-2015-0060 type: Decision by Parliament, 1st reading/single reading title: T8-0060/2015 body: EP type: Results of vote in Parliament
events
  • date: 2015-03-09T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2015-03-09T00:00:00 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=A8-2015-0045&language=EN title: A8-0045/2015 summary: The Committee on Legal Affairs adopted the report by Andrzej DUDA (ECR, PL), and recommended that the European Parliament waive the immunity of Sergei Stanishev (S&D, BG). Members recalled that the Chief Public Prosecutor of the Republic of Bulgaria had forwarded a request from the Public Prosecutor’s Office of the City of Sofia for authorisation to continue criminal proceedings against Sergei Stanishev with regard to an offence under the Bulgarian Criminal Code. Mr Stanishev was alleged to have lost, in his former capacity as Prime Minister of Bulgaria, seven documents containing information which constituted State secrets under the Bulgarian Act on the Protection of Classified Information (‘the PCI Act’). It was alleged that he passed on these documents to third parties. The committee recalled that under Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament might 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. Under Article 9 of the Protocol, Members must enjoy, in the territory of their own State, the immunities accorded to members of their parliament. However, the alleged offence did not have a direct or obvious connection with Mr Stanishev’s performance of his duties as a Member of the European Parliament, and nor did it constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union. In this case, the committee found no evidence of fumus persecutionis , that is to say, a sufficiently serious and precise suspicion that the case had been brought with the intention of causing political damage to the Member concerned. On the basis of the above considerations and pursuant to Rule 9(3) of the Rules of Procedure, the Committee on Legal Affairs recommended that the European Parliament should waive the parliamentary immunity of Mr Stanishev.
  • date: 2015-03-11T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=25373&l=en title: Results of vote in Parliament
  • date: 2015-03-11T00:00:00 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-2015-0060 title: T8-0060/2015 summary: The European Parliament decided to waive the immunity of Sergei Stanishev (S&D, BG). It recalled that the Chief Public Prosecutor of the Republic of Bulgaria had forwarded a request from the Public Prosecutor’s Office of the City of Sofia for authorisation to continue criminal proceedings against Sergei Stanishev with regard to an offence under the Bulgarian Criminal Code. Mr Stanishev was alleged to have lost, in his former capacity as Prime Minister of Bulgaria, seven documents containing information which constituted State secrets under the Bulgarian Act on the Protection of Classified Information. Parliament recalled that under Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament might 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. Under Article 9 of the Protocol, Members must enjoy, in the territory of their own State, the immunities accorded to members of their parliament. However, the alleged offence did not have a direct or obvious connection with Mr Stanishev’s performance of his duties as a Member of the European Parliament. Accordingly, Parliament decided to waive the immunity of Mr. STANISHEV .
  • date: 2015-03-11T00:00:00 type: End of procedure in Parliament body: EP
links
other
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    Old
    Rules of Procedure of the European Parliament EP 150
    New
    Rules of Procedure EP 159
    procedure/dossier_of_the_committee
    Old
    JURI/8/02414
    New
    • JURI/8/02414
    procedure/legal_basis/0
    Rules of Procedure EP 6
    procedure/legal_basis/0
    Rules of Procedure of the European Parliament EP 006
    procedure/subject
    Old
    • 8.40.01.03 Members' immunity
    New
    8.40.01.03
    Members' immunity
    procedure/title
    Old
    Request for the waiver of parliamentary immunity of Sergei Stanishev
    New
    Request for the waiver of the immunity of Sergei Stanishev
    2015-11-04Show (5) Changes | Timetravel
    activities/0/docs/0/text

    • The Committee on Legal Affairs adopted the report by Andrzej DUDA (ECR, PL), and recommended that the European Parliament waive the immunity of Sergei Stanishev (S&D, BG).

      Members recalled that the Chief Public Prosecutor of the Republic of Bulgaria had forwarded a request from the Public Prosecutor’s Office of the City of Sofia for authorisation to continue criminal proceedings against Sergei Stanishev with regard to an offence under the Bulgarian Criminal Code. Mr Stanishev was alleged to have lost, in his former capacity as Prime Minister of Bulgaria, seven documents containing information which constituted State secrets under the Bulgarian Act on the Protection of Classified Information (‘the PCI Act’). It was alleged that he passed on these documents to third parties.

      The committee recalled that under Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament might 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. Under Article 9 of the Protocol, Members must enjoy, in the territory of their own State, the immunities accorded to members of their parliament.

      However, the alleged offence did not have a direct or obvious connection with Mr Stanishev’s performance of his duties as a Member of the European Parliament, and nor did it constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union.

      In this case, the committee found no evidence of fumus persecutionis, that is to say, a sufficiently serious and precise suspicion that the case had been brought with the intention of causing political damage to the Member concerned.

      On the basis of the above considerations and pursuant to Rule 9(3) of the Rules of Procedure, the Committee on Legal Affairs recommended that the European Parliament should waive the parliamentary immunity of Mr Stanishev.
    activities/1/docs/0
    url
    http://www.europarl.europa.eu/oeil/popups/sda.do?id=25373&l=en
    type
    Results of vote in Parliament
    title
    Results of vote in Parliament
    activities/1/docs/1/text

    • The European Parliament decided to waive the immunity of Sergei Stanishev (S&D, BG).

      It recalled that the Chief Public Prosecutor of the Republic of Bulgaria had forwarded a request from the Public Prosecutor’s Office of the City of Sofia for authorisation to continue criminal proceedings against Sergei Stanishev with regard to an offence under the Bulgarian Criminal Code. Mr Stanishev was alleged to have lost, in his former capacity as Prime Minister of Bulgaria, seven documents containing information which constituted State secrets under the Bulgarian Act on the Protection of Classified Information.

      Parliament recalled that under Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament might 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. Under Article 9 of the Protocol, Members must enjoy, in the territory of their own State, the immunities accorded to members of their parliament.

      However, the alleged offence did not have a direct or obvious connection with Mr Stanishev’s performance of his duties as a Member of the European Parliament.

      Accordingly, Parliament decided to waive the immunity of  Mr. STANISHEV.
    activities/1/docs/1/url
    http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0060
    activities/1/type
    Old
    Decision by Parliament, 1st reading/single reading
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    2015-03-12Show (8) Changes | Timetravel
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    procedure/stage_reached
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    New
    Procedure completed
    2014-12-23Show (5) Changes
    activities
      committees
      • body: EP responsible: True committee_full: Legal Affairs committee: JURI
      links
      other
        procedure
        reference
        2014/2259(IMM)
        title
        Request for the waiver of parliamentary immunity of Sergei Stanishev
        stage_reached
        subtype
        Waiver of immunity
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        IMM - Members' immunity
        subject
        8.40.01.03 Members' immunity
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