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2016/2115(IMM) Request for the waiver of the immunity of Jean-François Jalkh

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI
Lead committee dossier:
Legal Basis:
RoP 6

Events

2016/11/22
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2016/11/22
   EP - Decision by Parliament
Details

The European Parliament decided to waive the immunity of Jean-François JALKH (ENF, FR).

The request was forwarded on 14 April 2016 by the French Minister of Justice and Liberties in connection with a judicial inquiry opened against Jean-François Jalkh at the Nanterre Regional Court in response to an application with joinder filed by the ‘Maison des potes – Maison de l’égalité’ association on grounds of public incitement to racial or religious discrimination.

Parliament recalled that Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State.

For its part, the Court of Justice has held that for a Member of the European Parliament to enjoy immunity, an opinion must be expressed by the Member in the performance of his duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties. Such link must be direct and obvious.

Jean-François Jalkh was not a Member of the European Parliament when the alleged offence took place. In addition, the charges are manifestly unrelated to the position of Jean-François Jalkh as a Member of the European Parliament and concern instead activities of a purely national or regional nature.

Furthermore, since the alleged actions do not relate to opinions expressed or votes cast by the Member of the European Parliament in the performance of his duties within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union and since there is no suspicion of any attempt to obstruct the parliamentary work of Jean-François Jalkh (fumus persecutionis), Parliament decided to waive the immunity of Jean-François Jalkh.

Documents
T8-0429/2016
2016/11/22
   EP - End of procedure in Parliament
2016/11/10
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted the report by Kostas CHRYSOGONOS (GUE/NGL, EL) on the request for waiver of the immunity of Jean-François JALKH (ENF, FR) forwarded on 14 April 2016 by the French Minister of Justice and Liberties in connection with a judicial inquiry (file No 14142000183) opened against Mr Jean-François Jalkh at the Nanterre Regional Court in response to an application with joinder filed by the ‘ Maison des potes – Maison de l’égalité ’ association on grounds of public incitement to racial or religious discrimination.

In brief, Jean-François Jalkh was accused by the ‘ Maison des potes – Maison de l’égalité ’ association in an application filed with the Nanterre Regional Court on 22 May 2014. The complaint concerned statements made in a brochure entitled ‘Handbook for Front National local councillors’, published on 19 September 2013 and posted on the official website of the Front National federation on 30 November 2013, that encouraged any National Front candidates elected to the post of local councillor in the elections held on 23 and 30 March 2014 to recommend, at the first sitting of their new local council, that priority should be given to French people (‘ priorité nationale ’) when allocating social housing. Members recalled that Jean-François Jalkh was the Front National’s publications director and had editorial control over all the federation’s websites.

The committee recalled that Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State.

The Court of Justice has held that for a Member of the European Parliament to enjoy immunity, an opinion must be expressed by the Member in the performance of his duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties. Such link must be direct and obvious.

Jean-François Jalkh was not a Member of the European Parliament when the alleged offence took place. In addition, the charges are manifestly unrelated to the position of Jean-François Jalkh as a Member of the European Parliament and concern instead activities of a purely national or regional nature.

Furthermore, the alleged actions do not relate to opinions expressed or votes cast by the Member of the European Parliament in the performance of his duties within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union and there is no suspicion of any attempt to obstruct the parliamentary work of Jean-François Jalkh ( fumus persecutionis ).

Therefore, Members called on the European Parliament to waive the immunity of Jean-François Jalkh.

Documents
A8-0318/2016
2016/11/08
   EP - Vote in committee

Activities

History

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

2021-12-18Show (6) Changes | Timetravel
committees/0/rapporteur
  • name: CHRYSOGONOS Kostas date: 2016-06-14T00:00:00 group: European United Left - Nordic Green Left abbr: GUE/NGL
events/0/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
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2016-11-10T00:00:00
type
Committee report tabled for plenary
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2016-11-10T00:00:00
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Committee report tabled for plenary, single reading
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EP
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date
2016-11-22T00:00:00
type
Decision by Parliament
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EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-8-2016-0429_EN.html title: T8-0429/2016
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2016-11-22T00:00:00
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summary
2020-01-19Show (4) Changes | Timetravel
committees/0
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Responsible Committee
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EP
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Legal Affairs
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name: CHRYSOGONOS Kostas date: 2016-06-14T00:00:00 group: European United Left - Nordic Green Left abbr: GUE/NGL
committees/0
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date
2016-06-14T00:00:00
rapporteur
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events/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0318&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-8-2016-0318_EN.html
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0429
New
http://www.europarl.europa.eu/doceo/document/TA-8-2016-0429_EN.html
2019-07-06Show (10) Changes | Timetravel
activities
  • date: 2016-11-08T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2016-06-14T00:00:00 committee_full: Legal Affairs rapporteur: group: GUE/NGL name: CHRYSOGONOS Kostas
  • date: 2016-11-10T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0318&language=EN type: Committee report tabled for plenary, single reading title: A8-0318/2016 body: EP type: Committee report tabled for plenary, single reading
  • date: 2016-11-22T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0429 type: Decision by Parliament, 1st reading/single reading title: T8-0429/2016 body: EP type: Decision by Parliament, 1st reading/single reading
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
date
2016-06-14T00:00:00
rapporteur
name: CHRYSOGONOS Kostas group: European United Left - Nordic Green Left abbr: GUE/NGL
committees/0
body
EP
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True
committee
JURI
date
2016-06-14T00:00:00
committee_full
Legal Affairs
rapporteur
group: GUE/NGL name: CHRYSOGONOS Kostas
events
  • date: 2016-11-08T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-11-10T00:00:00 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=A8-2016-0318&language=EN title: A8-0318/2016 summary: The Committee on Legal Affairs adopted the report by Kostas CHRYSOGONOS (GUE/NGL, EL) on the request for waiver of the immunity of Jean-François JALKH (ENF, FR) forwarded on 14 April 2016 by the French Minister of Justice and Liberties in connection with a judicial inquiry (file No 14142000183) opened against Mr Jean-François Jalkh at the Nanterre Regional Court in response to an application with joinder filed by the ‘ Maison des potes – Maison de l’égalité ’ association on grounds of public incitement to racial or religious discrimination. In brief, Jean-François Jalkh was accused by the ‘ Maison des potes – Maison de l’égalité ’ association in an application filed with the Nanterre Regional Court on 22 May 2014. The complaint concerned statements made in a brochure entitled ‘Handbook for Front National local councillors’, published on 19 September 2013 and posted on the official website of the Front National federation on 30 November 2013, that encouraged any National Front candidates elected to the post of local councillor in the elections held on 23 and 30 March 2014 to recommend, at the first sitting of their new local council, that priority should be given to French people (‘ priorité nationale ’) when allocating social housing. Members recalled that Jean-François Jalkh was the Front National’s publications director and had editorial control over all the federation’s websites. The committee recalled that Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State. The Court of Justice has held that for a Member of the European Parliament to enjoy immunity, an opinion must be expressed by the Member in the performance of his duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties. Such link must be direct and obvious. Jean-François Jalkh was not a Member of the European Parliament when the alleged offence took place. In addition, the charges are manifestly unrelated to the position of Jean-François Jalkh as a Member of the European Parliament and concern instead activities of a purely national or regional nature. Furthermore, the alleged actions do not relate to opinions expressed or votes cast by the Member of the European Parliament in the performance of his duties within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union and there is no suspicion of any attempt to obstruct the parliamentary work of Jean-François Jalkh ( fumus persecutionis ). Therefore, Members called on the European Parliament to waive the immunity of Jean-François Jalkh.
  • date: 2016-11-22T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27803&l=en title: Results of vote in Parliament
  • date: 2016-11-22T00:00:00 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-2016-0429 title: T8-0429/2016 summary: The European Parliament decided to waive the immunity of Jean-François JALKH (ENF, FR). The request was forwarded on 14 April 2016 by the French Minister of Justice and Liberties in connection with a judicial inquiry opened against Jean-François Jalkh at the Nanterre Regional Court in response to an application with joinder filed by the ‘Maison des potes – Maison de l’égalité’ association on grounds of public incitement to racial or religious discrimination. Parliament recalled that Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State. For its part, the Court of Justice has held that for a Member of the European Parliament to enjoy immunity, an opinion must be expressed by the Member in the performance of his duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties. Such link must be direct and obvious. Jean-François Jalkh was not a Member of the European Parliament when the alleged offence took place. In addition, the charges are manifestly unrelated to the position of Jean-François Jalkh as a Member of the European Parliament and concern instead activities of a purely national or regional nature. Furthermore, since the alleged actions do not relate to opinions expressed or votes cast by the Member of the European Parliament in the performance of his duties within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union and since there is no suspicion of any attempt to obstruct the parliamentary work of Jean-François Jalkh (fumus persecutionis), Parliament decided to waive the immunity of Jean-François Jalkh.
  • date: 2016-11-22T00:00:00 type: End of procedure in Parliament body: EP
links
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    2016-11-26Show (3) Changes | Timetravel
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    2016-11-24Show (1) Changes | Timetravel
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    2016-11-22Show (4) Changes | Timetravel
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    2016-09-10Show (1) Changes | Timetravel
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    Request for the waiver of parliamentary immunity of Jean-François Jalkh
    New
    Request for the waiver of the immunity of Jean-François Jalkh
    2016-06-28Show (2) Changes | Timetravel
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    2016-06-14T00:00:00
    committees/0/rapporteur
    • group: GUE/NGL name: CHRYSOGONOS Kostas
    2016-06-24Show (5) Changes
    activities
      committees
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      links
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