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2016/2087(IMM) Request for the defence of the privileges and immunities of Jane Collins

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI ZWIEFKA Tadeusz (icon: PPE PPE)
Lead committee dossier:
Legal Basis:
RoP 7

Events

2016/10/25
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2016/10/25
   EP - Decision by Parliament
Details

The European Parliament decided to waive the privileges and immunity Jane COLLINS (EFDD, RU).

Parliament recalled that the issue involves the defence of Jane Collins’ parliamentary privileges and immunities in relation to civil proceedings for libel against her before the Queen’s Bench Division of the High Court in London.

The request concerns, firstly, the defence of the right of Members of the European Parliament, under Article 7 of the Protocol, not to be subject to administrative or other restrictions on their free movement when travelling to or from the European Parliament. This part of the request relates to the fact that Jane Collins has allegedly been prevented from travelling to parliamentary meetings by the scheduling of the court proceedings being brought against her. However, it appears that Article 7 of the Protocol does not apply to restrictions arising out of legal proceedings.

The request also concerns Article 8 of the Protocol, whereby Members are defended from any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties. In this respect, it appears that the claim of libel and slander concerns accusations that Jane Collins made at a party conference. The contested statements do not relate to Jane Collins’s duties as a Member of the European Parliament. Furthermore, they do not relate to her activity as a Member of the European Parliament or to the policies of the European Union, and were made in the context of national political debate.

Bearing these factors in mind, the European Parliament decided not to defend the privileges and immunities of Jane Collins.

Documents
T8-0396/2016
2016/10/25
   EP - End of procedure in Parliament
2016/10/18
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL), and recommended that the European Parliament waive the immunity of Jane COLLINS (EFDD, RU).

Members recalled that the issue involves the defence of Jane Collins’ parliamentary privileges and immunities in relation to civil proceedings for libel against her before the Queen’s Bench Division of the High Court in London.

Firstly, the request concerns the defence of the right of Members of the European Parliament, under Article 7 of the Protocol, not to be subject to administrative or other restrictions on their free movement when travelling to or from the European Parliament. This part of the request relates to the fact that Jane Collins has allegedly been prevented from travelling to parliamentary meetings by the scheduling of the court proceedings being brought against her. However, bearing in mind the applicable jurisprudence ( Mote case), it appears that Article 7 of the Protocol does not apply to restrictions arising out of legal proceedings. The request for defence of parliamentary privilege is therefore inadmissible in respect of Article 7.

The request also concerns Article 8 of the Protocol, whereby Members are defended from any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties. In this respect, it appears that the claim of libel and slander concerns accusations that Jane Collins made at a party conference. However, the committee stated that there is no direct, obvious connection between the contested statements and Jane Collins’s duties as a Member of the European Parliament. Furthermore, they do not relate to her activity as a Member of the European Parliament or to the policies of the European Union, and were made in the context of national political debate. It appears that the contested statements are, therefore, not covered by Article 8 of the Protocol.

Bearing these factors in mind, Members called on the European Parliament not to defend the privileges and immunities of Jane Collins.

Documents
A8-0297/2016
2016/10/12
   EP - Vote in committee
2016/05/24
   EP - ZWIEFKA Tadeusz (PPE) appointed as rapporteur in JURI

Activities

History

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

2021-12-18Show (5) Changes | Timetravel
events/0/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
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2016-10-18T00:00:00
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summary
2020-01-19Show (4) Changes | Timetravel
committees/0
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http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0297&language=EN
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New
http://www.europarl.europa.eu/doceo/document/TA-8-2016-0396_EN.html
2019-07-06Show (11) Changes | Timetravel
activities
  • date: 2016-10-12T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2016-05-24T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: ZWIEFKA Tadeusz
  • date: 2016-10-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0297&language=EN type: Committee report tabled for plenary, single reading title: A8-0297/2016 body: EP type: Committee report tabled for plenary, single reading
  • date: 2016-10-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0396 type: Decision by Parliament, 1st reading/single reading title: T8-0396/2016 body: EP type: Decision by Parliament, 1st reading/single reading
committees/0
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Legal Affairs
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JURI
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2016-05-24T00:00:00
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events
  • date: 2016-10-12T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-10-18T00:00:00 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=A8-2016-0297&language=EN title: A8-0297/2016 summary: The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL), and recommended that the European Parliament waive the immunity of Jane COLLINS (EFDD, RU). Members recalled that the issue involves the defence of Jane Collins’ parliamentary privileges and immunities in relation to civil proceedings for libel against her before the Queen’s Bench Division of the High Court in London. Firstly, the request concerns the defence of the right of Members of the European Parliament, under Article 7 of the Protocol, not to be subject to administrative or other restrictions on their free movement when travelling to or from the European Parliament. This part of the request relates to the fact that Jane Collins has allegedly been prevented from travelling to parliamentary meetings by the scheduling of the court proceedings being brought against her. However, bearing in mind the applicable jurisprudence ( Mote case), it appears that Article 7 of the Protocol does not apply to restrictions arising out of legal proceedings. The request for defence of parliamentary privilege is therefore inadmissible in respect of Article 7. The request also concerns Article 8 of the Protocol, whereby Members are defended from any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties. In this respect, it appears that the claim of libel and slander concerns accusations that Jane Collins made at a party conference. However, the committee stated that there is no direct, obvious connection between the contested statements and Jane Collins’s duties as a Member of the European Parliament. Furthermore, they do not relate to her activity as a Member of the European Parliament or to the policies of the European Union, and were made in the context of national political debate. It appears that the contested statements are, therefore, not covered by Article 8 of the Protocol. Bearing these factors in mind, Members called on the European Parliament not to defend the privileges and immunities of Jane Collins.
  • date: 2016-10-25T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27722&l=en title: Results of vote in Parliament
  • date: 2016-10-25T00:00:00 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-2016-0396 title: T8-0396/2016 summary: The European Parliament decided to waive the privileges and immunity Jane COLLINS (EFDD, RU). Parliament recalled that the issue involves the defence of Jane Collins’ parliamentary privileges and immunities in relation to civil proceedings for libel against her before the Queen’s Bench Division of the High Court in London. The request concerns, firstly, the defence of the right of Members of the European Parliament, under Article 7 of the Protocol, not to be subject to administrative or other restrictions on their free movement when travelling to or from the European Parliament. This part of the request relates to the fact that Jane Collins has allegedly been prevented from travelling to parliamentary meetings by the scheduling of the court proceedings being brought against her. However, it appears that Article 7 of the Protocol does not apply to restrictions arising out of legal proceedings. The request also concerns Article 8 of the Protocol, whereby Members are defended from any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties. In this respect, it appears that the claim of libel and slander concerns accusations that Jane Collins made at a party conference. The contested statements do not relate to Jane Collins’s duties as a Member of the European Parliament. Furthermore, they do not relate to her activity as a Member of the European Parliament or to the policies of the European Union, and were made in the context of national political debate. Bearing these factors in mind, the European Parliament decided not to defend the privileges and immunities of Jane Collins.
  • date: 2016-10-25T00:00:00 type: End of procedure in Parliament body: EP
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    2016-11-22Show (5) Changes | Timetravel
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    2016-10-01Show (2) Changes | Timetravel
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    2016-07-02Show (2) Changes | Timetravel
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    2016-05-26Show (2) Changes | Timetravel
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    2016-05-20Show (5) Changes
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        2016/2087(IMM)
        title
        Request for the defence of parliamentary immunity of Jane Collins
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