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2016/2000(IMM) Request for the waiver of the immunity of Hermann Winkler

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI DZHAMBAZKI Angel (icon: ECR ECR)
Lead committee dossier:
Legal Basis:
RoP 6

Events

2016/04/12
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2016/04/12
   EP - Decision by Parliament
Details

The European Parliament decided to waive the immunity of Hermann WINKLER (EPP, DE).

To recall, the public prosecutor’s office in Leipzig (Germany) requested the waiver of the parliamentary immunity of Hermann Winkler, Member of the European Parliament, in connection with launching investigative proceedings concerning an alleged road traffic offence on 23 September 2015.

The criminal proceedings do not concern any opinion expressed or vote cast in the performance of the duties of 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 the light of the information acquired by the committee, there is no reason to assume that the intention underlying the criminal proceedings is to damage a Member’s political activity ( fumus persecutionis ).

Given that the alleged offence thus clearly has no connection with the position of Hermann Winkler as a Member of the European Parliament, Parliament decided to waive parliamentary immunity in the case in question.

Documents
T8-0099/2016
2016/04/12
   EP - End of procedure in Parliament
2016/03/18
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs unanimously adopted the report by Angel DZHAMBAZKI (ECR, BG) in which it recommended the European Parliament to waive the immunity of Hermann WINKLER (EPP, DE).

Members stated that the public prosecutor’s office in Leipzig (Germany) requested the waiver of the parliamentary immunity of Hermann Winkler, Member of the European Parliament, in connection with launching investigative proceedings concerning an alleged road traffic offence.

Members recalled that under Article 46(2) of the German Basic Law (Grundgesetz), a Member may not be called to account for a punishable offence without the permission of Parliament unless apprehended while committing the offence or in the course of the following day.

They noted that the request relates to preliminary investigations into a serious road traffic accident in which Hermann Winkler was involved and that the alleged offence clearly has no connection with the position of Hermann Winkler as a Member of the European Parliament.

In this regard, Members called on the European Parliament to waive his parliamentary immunity in the case in question.

Documents
A8-0062/2016
2016/03/15
   EP - Vote in committee
2016/01/18
   EP - DZHAMBAZKI Angel (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
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Old
Vote in committee, 1st reading/single reading
New
Vote in committee
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2016-03-18T00:00:00
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2020-01-19Show (4) Changes | Timetravel
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New
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New
http://www.europarl.europa.eu/doceo/document/TA-8-2016-0099_EN.html
2019-07-12Show (2) Changes | Timetravel
committees/0
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EP
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Legal Affairs
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2016-01-18T00:00:00
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2019-07-06Show (10) Changes | Timetravel
activities
  • date: 2016-03-15T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2016-01-18T00:00:00 committee_full: Legal Affairs rapporteur: group: ECR name: DZHAMBAZKI Angel
  • date: 2016-03-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0062&language=EN type: Committee report tabled for plenary, single reading title: A8-0062/2016 body: EP type: Committee report tabled for plenary, single reading
  • date: 2016-04-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0099 type: Decision by Parliament, 1st reading/single reading title: T8-0099/2016 body: EP type: Decision by Parliament, 1st reading/single reading
events
  • date: 2016-03-15T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-03-18T00:00:00 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=A8-2016-0062&language=EN title: A8-0062/2016 summary: The Committee on Legal Affairs unanimously adopted the report by Angel DZHAMBAZKI (ECR, BG) in which it recommended the European Parliament to waive the immunity of Hermann WINKLER (EPP, DE). Members stated that the public prosecutor’s office in Leipzig (Germany) requested the waiver of the parliamentary immunity of Hermann Winkler, Member of the European Parliament, in connection with launching investigative proceedings concerning an alleged road traffic offence. Members recalled that under Article 46(2) of the German Basic Law (Grundgesetz), a Member may not be called to account for a punishable offence without the permission of Parliament unless apprehended while committing the offence or in the course of the following day. They noted that the request relates to preliminary investigations into a serious road traffic accident in which Hermann Winkler was involved and that the alleged offence clearly has no connection with the position of Hermann Winkler as a Member of the European Parliament. In this regard, Members called on the European Parliament to waive his parliamentary immunity in the case in question.
  • date: 2016-04-12T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=26963&l=en title: Results of vote in Parliament
  • date: 2016-04-12T00:00:00 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-2016-0099 title: T8-0099/2016 summary: The European Parliament decided to waive the immunity of Hermann WINKLER (EPP, DE). To recall, the public prosecutor’s office in Leipzig (Germany) requested the waiver of the parliamentary immunity of Hermann Winkler, Member of the European Parliament, in connection with launching investigative proceedings concerning an alleged road traffic offence on 23 September 2015. The criminal proceedings do not concern any opinion expressed or vote cast in the performance of the duties of 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 the light of the information acquired by the committee, there is no reason to assume that the intention underlying the criminal proceedings is to damage a Member’s political activity ( fumus persecutionis ). Given that the alleged offence thus clearly has no connection with the position of Hermann Winkler as a Member of the European Parliament, Parliament decided to waive parliamentary immunity in the case in question.
  • date: 2016-04-12T00:00:00 type: End of procedure in Parliament body: EP
links
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    New
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    • 8.40.01.03 Members' immunity
    New
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    Old
    Request for the waiver of parliamentary immunity of Hermann Winkler
    New
    Request for the waiver of the immunity of Hermann Winkler
    2016-04-14Show (3) Changes | Timetravel
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    • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0099 type: Decision by Parliament, 1st reading/single reading title: T8-0099/2016
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    2016-04-09Show (1) Changes | Timetravel
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    Indicative plenary sitting date, 1st reading/single reading
    New
    Vote in plenary scheduled
    2016-04-07Show (1) Changes | Timetravel
    activities/1/docs/0/text

    • The Committee on Legal Affairs unanimously adopted the report by Angel DZHAMBAZKI (ECR, BG) in which it recommended the European Parliament to waive the immunity of Hermann WINKLER (EPP, DE).

      Members stated that the public prosecutor’s office in Leipzig (Germany) requested the waiver of the parliamentary immunity of Hermann Winkler, Member of the European Parliament, in connection with launching investigative proceedings concerning an alleged road traffic offence.

      Members recalled that under Article 46(2) of the German Basic Law (Grundgesetz), a Member may not be called to account for a punishable offence without the permission of Parliament unless apprehended while committing the offence or in the course of the following day.

      They noted that the request relates to preliminary investigations into a serious road traffic accident in which Hermann Winkler was involved and that the alleged offence clearly has no connection with the position of Hermann Winkler as a Member of the European Parliament.

      In this regard, Members called on the European Parliament to waive his parliamentary immunity in the case in question.
    2016-03-31Show (1) Changes | Timetravel
    activities/1/docs
    • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0062&language=EN type: Committee report tabled for plenary, single reading title: A8-0062/2016
    2016-03-20Show (2) Changes | Timetravel
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    2016-03-18T00:00:00
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    2016-03-18Show (1) Changes | Timetravel
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    2016-04-12T00:00:00
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    2016-03-17Show (2) Changes | Timetravel
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    Rules of Procedure of the European Parliament EP 150
    2016-01-16Show (2) Changes | Timetravel
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    committees/0/rapporteur
    • group: ECR name: DZHAMBAZKI Angel
    2016-01-07Show (5) Changes
    activities
      committees
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        Request for the waiver of parliamentary immunity of Hermann Winkler
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