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2016/2003(IMM) Request for the waiver of the immunity of Gianluca Buonanno

Progress: Procedure completed

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

Events

2016/05/26
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2016/05/26
   EP - Decision by Parliament
Details

The European Parliament decided to waive the immunity of Gianluca BUONANNO (ENF, IT).

To recall, the Deputy Public Prosecutor of the Ordinary Court of Vercelli forwarded a request for authorisation to acquire data from telephone companies relating to telephone records for a number used by a Member of the European Parliament elected with respect to Italy, Gianluca Buonanno, in connection with criminal proceedings initiated before the Ordinary Court of Vercelli on behalf of that Member in relation to telephone threats he claims to have received from an unknown caller on his mobile telephone number on 14 April 2015.

Parliament considered that Article 4 of Law No 140 of 20 June 2003 laying down provisions giving effect to Article 68 of the Constitution and concerning the prosecution of persons in high offices of state, inter alia, states that when it is required to acquire data concerning the telephone traffic of a Member of Parliament the competent authority should request authorisation from the chamber of which that person is a Member.

The request for waiver of the immunity of Gianluca Buonanno concerns the access by the investigating authority to the phone call records of the Member’s mobile telephone number on the date on which he claims to have received threatening telephone calls.

Parliament recalled that the objective of Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union is primarily to safeguard the independence of Members by ensuring that pressure, in the form of threats of arrest or legal proceedings, is not brought to bear on them during the sessions of the European Parliament. In the present case it incontestably appears that no pressure has been brought to bear on the Member concerned, since the proceedings relate to alleged threats reported by the Member himself as the victim of threats made by telephone.

According to Members, in the light of the above it would appear that it should not have been necessary for the Deputy Public Prosecutor of the Ordinary Court of Vercelli to request authorisation from the European Parliament to order the acquisition of the data concerning Gianluca Buonanno’s telephone traffic of 14 April 2015. However, it seems appropriate for the sake of legal certainty to accede as a precaution to the request for authorisation forwarded by the Deputy Public Prosecutor of the Ordinary Court of Vercelli.

Therefore, Parliament decided to waive the parliamentary immunity of the Member concerned.

Documents
T8-0231/2016
2016/05/26
   EP - End of procedure in Parliament
2016/05/23
   EP - Vote in committee
2016/05/23
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs unanimously adopted the report by Evelyn REGNIER (S&D, AT) in which it recommended the European Parliament to waive the immunity of Gianluca BUONANNO (ENF, IT) .

The report stated that the Deputy Public Prosecutor of the Ordinary Court of Vercelli forwarded a request for authorisation to acquire data from telephone companies relating to telephone records for a number used by a Member of the European Parliament elected with respect to Italy, Gianluca Buonanno, in connection with criminal proceedings initiated before the Ordinary Court of Vercelli on behalf of that Member in relation to telephone threats he claims to have received from an unknown caller on his mobile telephone number on 14 April 2015.

The request for waiver of the immunity of Gianluca Buonanno concerns the access by the investigating authority to the phone call records of the Member’s mobile telephone number on the date on which he claims to have received threatening telephone calls.

Members recalled that the objective of Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union is primarily to safeguard the independence of Members by ensuring that pressure, in the form of threats of arrest or legal proceedings, is not brought to bear on them during the sessions of the European Parliament. In the present case it incontestably appears that no pressure has been brought to bear on the Member concerned, since the proceedings relate to alleged threats reported by the Member himself as the victim of threats made by telephone.

According to Members, in the light of the above it would appear that it should not have been necessary for the Deputy Public Prosecutor of the Ordinary Court of Vercelli to request authorisation from the European Parliament to order the acquisition of the data concerning Gianluca Buonanno’s telephone traffic of 14 April 2015. However, it seems appropriate for the sake of legal certainty to accede as a precaution to the request for authorisation forwarded by the Deputy Public Prosecutor of the Ordinary Court of Vercelli.

Therefore, they called on the European Parliament to waive the parliamentary immunity of the Member concerned.

Documents
A8-0180/2016
2015/12/14
   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)

2021-12-18Show (7) Changes | Timetravel
events/0/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
events/1
date
2016-05-23T00:00:00
type
Committee report tabled for plenary
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EP
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2016-05-26T00:00:00
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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
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EP
committee_full
Legal Affairs
committee
JURI
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rapporteur
name: REGNER Evelyn date: 2015-12-14T00:00:00 group: Progressive Alliance of Socialists and Democrats abbr: S&D
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
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False
date
2015-12-14T00:00:00
rapporteur
name: REGNER Evelyn group: Progressive Alliance of Socialists and Democrats abbr: S&D
events/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0180&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-8-2016-0180_EN.html
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0231
New
http://www.europarl.europa.eu/doceo/document/TA-8-2016-0231_EN.html
2019-07-12Show (2) Changes | Timetravel
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
date
2015-12-14T00:00:00
rapporteur
name: REGNER Evelyn group: Progressive Alliance of Socialists and Democrats abbr: S&D
committees/0
body
EP
responsible
True
committee
JURI
date
2015-12-14T00:00:00
committee_full
Legal Affairs
rapporteur
group: S&D name: REGNER Evelyn
2019-07-06Show (10) Changes | Timetravel
activities
  • date: 2016-05-23T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2015-12-14T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: REGNER Evelyn docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0180&language=EN type: Committee report tabled for plenary, single reading title: A8-0180/2016
  • date: 2016-05-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0231 type: Decision by Parliament, 1st reading/single reading title: T8-0231/2016 body: EP type: Decision by Parliament, 1st reading/single reading
events
  • date: 2016-05-23T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-05-23T00:00:00 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=A8-2016-0180&language=EN title: A8-0180/2016 summary: The Committee on Legal Affairs unanimously adopted the report by Evelyn REGNIER (S&D, AT) in which it recommended the European Parliament to waive the immunity of Gianluca BUONANNO (ENF, IT) . The report stated that the Deputy Public Prosecutor of the Ordinary Court of Vercelli forwarded a request for authorisation to acquire data from telephone companies relating to telephone records for a number used by a Member of the European Parliament elected with respect to Italy, Gianluca Buonanno, in connection with criminal proceedings initiated before the Ordinary Court of Vercelli on behalf of that Member in relation to telephone threats he claims to have received from an unknown caller on his mobile telephone number on 14 April 2015. The request for waiver of the immunity of Gianluca Buonanno concerns the access by the investigating authority to the phone call records of the Member’s mobile telephone number on the date on which he claims to have received threatening telephone calls. Members recalled that the objective of Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union is primarily to safeguard the independence of Members by ensuring that pressure, in the form of threats of arrest or legal proceedings, is not brought to bear on them during the sessions of the European Parliament. In the present case it incontestably appears that no pressure has been brought to bear on the Member concerned, since the proceedings relate to alleged threats reported by the Member himself as the victim of threats made by telephone. According to Members, in the light of the above it would appear that it should not have been necessary for the Deputy Public Prosecutor of the Ordinary Court of Vercelli to request authorisation from the European Parliament to order the acquisition of the data concerning Gianluca Buonanno’s telephone traffic of 14 April 2015. However, it seems appropriate for the sake of legal certainty to accede as a precaution to the request for authorisation forwarded by the Deputy Public Prosecutor of the Ordinary Court of Vercelli. Therefore, they called on the European Parliament to waive the parliamentary immunity of the Member concerned.
  • date: 2016-05-26T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27265&l=en title: Results of vote in Parliament
  • date: 2016-05-26T00:00:00 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-2016-0231 title: T8-0231/2016 summary: The European Parliament decided to waive the immunity of Gianluca BUONANNO (ENF, IT). To recall, the Deputy Public Prosecutor of the Ordinary Court of Vercelli forwarded a request for authorisation to acquire data from telephone companies relating to telephone records for a number used by a Member of the European Parliament elected with respect to Italy, Gianluca Buonanno, in connection with criminal proceedings initiated before the Ordinary Court of Vercelli on behalf of that Member in relation to telephone threats he claims to have received from an unknown caller on his mobile telephone number on 14 April 2015. Parliament considered that Article 4 of Law No 140 of 20 June 2003 laying down provisions giving effect to Article 68 of the Constitution and concerning the prosecution of persons in high offices of state, inter alia, states that when it is required to acquire data concerning the telephone traffic of a Member of Parliament the competent authority should request authorisation from the chamber of which that person is a Member. The request for waiver of the immunity of Gianluca Buonanno concerns the access by the investigating authority to the phone call records of the Member’s mobile telephone number on the date on which he claims to have received threatening telephone calls. Parliament recalled that the objective of Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union is primarily to safeguard the independence of Members by ensuring that pressure, in the form of threats of arrest or legal proceedings, is not brought to bear on them during the sessions of the European Parliament. In the present case it incontestably appears that no pressure has been brought to bear on the Member concerned, since the proceedings relate to alleged threats reported by the Member himself as the victim of threats made by telephone. According to Members, in the light of the above it would appear that it should not have been necessary for the Deputy Public Prosecutor of the Ordinary Court of Vercelli to request authorisation from the European Parliament to order the acquisition of the data concerning Gianluca Buonanno’s telephone traffic of 14 April 2015. However, it seems appropriate for the sake of legal certainty to accede as a precaution to the request for authorisation forwarded by the Deputy Public Prosecutor of the Ordinary Court of Vercelli. Therefore, Parliament decided to waive the parliamentary immunity of the Member concerned.
  • date: 2016-05-26T00:00:00 type: End of procedure in Parliament body: EP
links
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    Request for the waiver of the immunity of Gianluca Buonanno
    2016-05-28Show (3) Changes | Timetravel
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    2016-05-26Show (1) Changes | Timetravel
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    2016-05-25Show (3) Changes | Timetravel
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    2016-01-12Show (5) Changes
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      • body: EP responsible: True committee_full: Legal Affairs committee: JURI
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