BETA


2015/2102(IMM) Request for the waiver of the immunity of Janusz Korwin-Mikke

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI REGNER Evelyn (icon: S&D S&D)
Lead committee dossier:
Legal Basis:
RoP 6

Events

2015/09/08
   EP - Results of vote in Parliament
2015/09/08
   EP - Decision by Parliament
Details

The European Parliament decided to waive the immunity of Janusz KORWIN-MIKKE (NI, PL).

Parliament recalled that the Prosecutor-General of Poland forwarded a request made by the Municipal Police Chief in Piotrków Trybunalski for action to be taken against a Member of the European Parliament, Mr Janusz Korwin-Mikke, in connection with an alleged road traffic offence (speeding).

Given that this conduct constitutes an offence under the Polish Road Traffic Act and that the alleged offence does not have a direct or obvious connection with Mr Korwin-Mikke’s performance of his duties as a Member of the European Parliament, Parliament stated that it does not constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament within the meaning of Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union.

Therefore, it decided to waive the immunity of Janusz Korwin-Mikke .

Documents
2015/09/08
   EP - End of procedure in Parliament
2015/07/16
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted the report by Evelyn REGNER (S&D, AT) in which it recommended the European Parliament to waive the immunity of Janusz KORWIN-MIKKE (NI, PL).

Members recalled that the Prosecutor-General of Poland forwarded a request made by the Municipal Police Chief in Piotrków Trybunalski for action to be taken against a Member of the European Parliament, Mr Janusz Korwin-Mikke, in connection with an alleged road traffic offence. The Municipal Police claimed that on 6 September 2014, when driving his car in a built-up area in Piotrków Trybunalski, Mr Korwin-Mikke exceeded the permitted speed limit of 50 km/h by 32 km/h according to speed camera evidence.

This conduct constitutes an offence under the Polish Road Traffic Act. However, the alleged offence does not have a direct or obvious connection with Mr Korwin-Mikke’s performance of his duties as a Member of the European Parliament. Members also stated that it does not constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament within the meaning of Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union.

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

Therefore, the committee recommended the European Parliament to waive the immunity of Janusz Korwin-Mikke .

Documents
2015/07/14
   EP - Vote in committee
2015/05/06
   EP - REGNER Evelyn (S&D) appointed as rapporteur in JURI

Activities

History

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

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  • date: 2015-07-16T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0229&language=EN type: Committee report tabled for plenary, single reading title: A8-0229/2015 body: EP type: Committee report tabled for plenary, single reading
  • date: 2015-09-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0282 type: Decision by Parliament, 1st reading/single reading title: T8-0282/2015 body: EP type: Decision by Parliament, 1st reading/single reading
events
  • date: 2015-07-14T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2015-07-16T00:00:00 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=A8-2015-0229&language=EN title: A8-0229/2015 summary: The Committee on Legal Affairs adopted the report by Evelyn REGNER (S&D, AT) in which it recommended the European Parliament to waive the immunity of Janusz KORWIN-MIKKE (NI, PL). Members recalled that the Prosecutor-General of Poland forwarded a request made by the Municipal Police Chief in Piotrków Trybunalski for action to be taken against a Member of the European Parliament, Mr Janusz Korwin-Mikke, in connection with an alleged road traffic offence. The Municipal Police claimed that on 6 September 2014, when driving his car in a built-up area in Piotrków Trybunalski, Mr Korwin-Mikke exceeded the permitted speed limit of 50 km/h by 32 km/h according to speed camera evidence. This conduct constitutes an offence under the Polish Road Traffic Act. However, the alleged offence does not have a direct or obvious connection with Mr Korwin-Mikke’s performance of his duties as a Member of the European Parliament. Members also stated that it does not constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament within the meaning of Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union. In this instance, Parliament found no evidence of fumus persecutionis , that is to say, a sufficiently serious and precise suspicion that the case has been brought with the intention of causing political damage to the Member concerned. Therefore, the committee recommended the European Parliament to waive the immunity of Janusz Korwin-Mikke .
  • date: 2015-09-08T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=26048&l=en title: Results of vote in Parliament
  • date: 2015-09-08T00:00:00 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-2015-0282 title: T8-0282/2015 summary: The European Parliament decided to waive the immunity of Janusz KORWIN-MIKKE (NI, PL). Parliament recalled that the Prosecutor-General of Poland forwarded a request made by the Municipal Police Chief in Piotrków Trybunalski for action to be taken against a Member of the European Parliament, Mr Janusz Korwin-Mikke, in connection with an alleged road traffic offence (speeding). Given that this conduct constitutes an offence under the Polish Road Traffic Act and that the alleged offence does not have a direct or obvious connection with Mr Korwin-Mikke’s performance of his duties as a Member of the European Parliament, Parliament stated that it does not constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament within the meaning of Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union. Therefore, it decided to waive the immunity of Janusz Korwin-Mikke .
  • date: 2015-09-08T00:00:00 type: End of procedure in Parliament body: EP
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    Request for the waiver of the immunity of Janusz Korwin-Mikke
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    • The Committee on Legal Affairs adopted the report by Evelyn REGNER (S&D, AT) in which it recommended the European Parliament to waive the immunity of Janusz KORWIN-MIKKE (NI, PL).

      Members recalled that the Prosecutor-General of Poland forwarded a request made by the Municipal Police Chief in Piotrków Trybunalski for action to be taken against a Member of the European Parliament, Mr Janusz Korwin-Mikke, in connection with an alleged road traffic offence. The Municipal Police claimed that on 6 September 2014, when driving his car in a built-up area in Piotrków Trybunalski, Mr Korwin-Mikke exceeded the permitted speed limit of 50 km/h by 32 km/h according to speed camera evidence.

      This conduct constitutes an offence under the Polish Road Traffic Act. However, the alleged offence does not have a direct or obvious connection with Mr Korwin-Mikke’s performance of his duties as a Member of the European Parliament. Members also stated that it does not constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament within the meaning of Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union.

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

      Therefore, the committee recommended the European Parliament to waive the immunity of Janusz Korwin-Mikke.

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