2017/2019(IMM) | [ParlTrack]

2017/2019(IMM) Request for the waiver of the immunity of Mylène Troszczynski

Progress: Procedure completed

Role	Committee	Rapporteur	Shadows
Lead	JURI	ZWIEFKA Tadeusz ( PPE)

Lead committee dossier:

JURI/8/09214

Legal Basis:

RoP 6

Subjects

8.40.01.03 Members' immunity

Events

2017/06/14

EP - Results of vote in Parliament

Documents

Results of vote in Parliament

2017/06/14

EP - Decision by Parliament

Details

The European Parliament decided to waive the immunity of Mylène TROSZCZYNSKI (ENF, FR).

As a reminder, the request to waive the immunity of Mylène Troszczynski was forwarded by the Minister of Justice of the French Republic in connection with a judicial investigation being conducted by the Bobigny Public Prosecutor on the grounds of public defamation and incitement to hatred or violence in respect of a person or group of persons on account of their origin or membership or non-membership of a particular ethnic group, nation, race or religion.

The request relates to the posting on her Twitter account on 23 September 2015 of a picture of women wearing the full veil who seem to be queuing outside the offices of a CAF (Caisse d’allocations familiales – Family Allowances Fund), accompanied by the comment ‘Rosny-Sous-Bois CAF on 9.12.14. Wearing of the full veil is supposed to be prohibited by law...’.

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

The scope of immunity accorded to Members of the French Parliament corresponds in fact to the scope of immunity accorded to Members of the European Parliament under Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union.

Given that there is no suspicion of fumus persecutionis , which is any evident attempt to obstruct the parliamentary work of Mylène Troszczynski, behind the judicial inquiry which was opened following a complaint alleging defamation of a public administration, lodged by the Seine-Saint-Denis Family Allowances Fund, the European Parliament decided to waive the immunity of Mylène Troszczynski .

Documents

T8-0258/2017

2017/06/14

EP - End of procedure in Parliament

2017/06/12

EP - Vote in committee

2017/06/12

EP - Committee report tabled for plenary

Details

The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL) on the request for waiver of the immunity of Mylène TROSZCZYNSKI (ENF, FR).

The request relates to the posting on her Twitter account on 23 September 2015 of a picture of women wearing the full veil who seem to be queuing outside the offices of a CAF ( Caisse d’allocations familiales – Family Allowances Fund), accompanied by the comment ‘Rosny-Sous-Bois CAF on 9.12.14. Wearing of the full veil is supposed to be prohibited by law...’.

The offending image was in fact a photomontage based on a picture taken in London and already used by another Twitter account holder. The investigation revealed that it was not Mylène Troszczynski who published the message online, but her assistant, who confessed to having done so.

Mylène Troszczynski promptly removed it from her Twitter account.

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

The Court of Justice of the European Union 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 or her duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties . Such link must be direct and obvious.

However, the charges are unrelated to the position of Mylène Troszczynski as a Member of the European Parliament and concern instead activities of a regional nature, given that the forged picture and the comments referred to what was allegedly happening in Rosny-Sous-Bois, in violation of the French law.

Therefore, there is no suspicion of fumus persecutionis , which is any evident attempt to obstruct the parliamentary work of Mylène Troszczynski, behind the judicial inquiry which was opened following a complaint alleging defamation of a public administration, lodged by the Seine-Saint-Denis Family Allowances Fund represented by its general manager.

The committee on legal affairs recommended the European Parliament to waive the immunity of Mylène Troszczynski .

Documents

A8-0218/2017

2017/02/10

EP - ZWIEFKA Tadeusz (PPE) appointed as rapporteur in JURI

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 2017-06-12T00:00:00 type Committee report tabled for plenary body EP docs url: https://www.europarl.europa.eu/doceo/document/A-8-2017-0218_EN.html title: A8-0218/2017 summary The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL) on the request for waiver of the immunity of Mylène TROSZCZYNSKI (ENF, FR). As a reminder, the request to waive the immunity of Mylène Troszczynski was forwarded by the Minister of Justice of the French Republic in connection with a judicial investigation being conducted by the Bobigny Public Prosecutor on the grounds of public defamation and incitement to hatred or violence in respect of a person or group of persons on account of their origin or membership or non-membership of a particular ethnic group, nation, race or religion. The request relates to the posting on her Twitter account on 23 September 2015 of a picture of women wearing the full veil who seem to be queuing outside the offices of a CAF ( Caisse d’allocations familiales – Family Allowances Fund), accompanied by the comment ‘Rosny-Sous-Bois CAF on 9.12.14. Wearing of the full veil is supposed to be prohibited by law...’. The offending image was in fact a photomontage based on a picture taken in London and already used by another Twitter account holder. The investigation revealed that it was not Mylène Troszczynski who published the message online, but her assistant, who confessed to having done so. Mylène Troszczynski promptly removed it from her Twitter account. Members recalled that Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State. The scope of immunity accorded to Members of the French Parliament corresponds in fact to the scope of immunity accorded to Members of the European Parliament under Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union. The Court of Justice of the European Union 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 or her duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties . Such link must be direct and obvious. However, the charges are unrelated to the position of Mylène Troszczynski as a Member of the European Parliament and concern instead activities of a regional nature, given that the forged picture and the comments referred to what was allegedly happening in Rosny-Sous-Bois, in violation of the French law. Therefore, there is no suspicion of fumus persecutionis , which is any evident attempt to obstruct the parliamentary work of Mylène Troszczynski, behind the judicial inquiry which was opened following a complaint alleging defamation of a public administration, lodged by the Seine-Saint-Denis Family Allowances Fund represented by its general manager. The committee on legal affairs recommended the European Parliament to waive the immunity of Mylène Troszczynski .
events/1	date 2017-06-12T00:00:00 type Committee report tabled for plenary, single reading body EP docs url: http://www.europarl.europa.eu/doceo/document/A-8-2017-0218_EN.html title: A8-0218/2017 summary The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL) on the request for waiver of the immunity of Mylène TROSZCZYNSKI (ENF, FR). As a reminder, the request to waive the immunity of Mylène Troszczynski was forwarded by the Minister of Justice of the French Republic in connection with a judicial investigation being conducted by the Bobigny Public Prosecutor on the grounds of public defamation and incitement to hatred or violence in respect of a person or group of persons on account of their origin or membership or non-membership of a particular ethnic group, nation, race or religion. The request relates to the posting on her Twitter account on 23 September 2015 of a picture of women wearing the full veil who seem to be queuing outside the offices of a CAF ( Caisse d’allocations familiales – Family Allowances Fund), accompanied by the comment ‘Rosny-Sous-Bois CAF on 9.12.14. Wearing of the full veil is supposed to be prohibited by law...’. The offending image was in fact a photomontage based on a picture taken in London and already used by another Twitter account holder. The investigation revealed that it was not Mylène Troszczynski who published the message online, but her assistant, who confessed to having done so. Mylène Troszczynski promptly removed it from her Twitter account. Members recalled that Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State. The scope of immunity accorded to Members of the French Parliament corresponds in fact to the scope of immunity accorded to Members of the European Parliament under Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union. The Court of Justice of the European Union 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 or her duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties . Such link must be direct and obvious. However, the charges are unrelated to the position of Mylène Troszczynski as a Member of the European Parliament and concern instead activities of a regional nature, given that the forged picture and the comments referred to what was allegedly happening in Rosny-Sous-Bois, in violation of the French law. Therefore, there is no suspicion of fumus persecutionis , which is any evident attempt to obstruct the parliamentary work of Mylène Troszczynski, behind the judicial inquiry which was opened following a complaint alleging defamation of a public administration, lodged by the Seine-Saint-Denis Family Allowances Fund represented by its general manager. The committee on legal affairs recommended the European Parliament to waive the immunity of Mylène Troszczynski .
events/3	date 2017-06-14T00:00:00 type Decision by Parliament body EP docs url: https://www.europarl.europa.eu/doceo/document/TA-8-2017-0258_EN.html title: T8-0258/2017 summary The European Parliament decided to waive the immunity of Mylène TROSZCZYNSKI (ENF, FR). As a reminder, the request to waive the immunity of Mylène Troszczynski was forwarded by the Minister of Justice of the French Republic in connection with a judicial investigation being conducted by the Bobigny Public Prosecutor on the grounds of public defamation and incitement to hatred or violence in respect of a person or group of persons on account of their origin or membership or non-membership of a particular ethnic group, nation, race or religion. The request relates to the posting on her Twitter account on 23 September 2015 of a picture of women wearing the full veil who seem to be queuing outside the offices of a CAF (Caisse d’allocations familiales – Family Allowances Fund), accompanied by the comment ‘Rosny-Sous-Bois CAF on 9.12.14. Wearing of the full veil is supposed to be prohibited by law...’. Parliament recalled that Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State. The scope of immunity accorded to Members of the French Parliament corresponds in fact to the scope of immunity accorded to Members of the European Parliament under Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union. Given that there is no suspicion of fumus persecutionis , which is any evident attempt to obstruct the parliamentary work of Mylène Troszczynski, behind the judicial inquiry which was opened following a complaint alleging defamation of a public administration, lodged by the Seine-Saint-Denis Family Allowances Fund, the European Parliament decided to waive the immunity of Mylène Troszczynski .
events/3	date 2017-06-14T00:00:00 type Decision by Parliament, 1st reading/single reading body EP docs url: http://www.europarl.europa.eu/doceo/document/TA-8-2017-0258_EN.html title: T8-0258/2017 summary The European Parliament decided to waive the immunity of Mylène TROSZCZYNSKI (ENF, FR). As a reminder, the request to waive the immunity of Mylène Troszczynski was forwarded by the Minister of Justice of the French Republic in connection with a judicial investigation being conducted by the Bobigny Public Prosecutor on the grounds of public defamation and incitement to hatred or violence in respect of a person or group of persons on account of their origin or membership or non-membership of a particular ethnic group, nation, race or religion. The request relates to the posting on her Twitter account on 23 September 2015 of a picture of women wearing the full veil who seem to be queuing outside the offices of a CAF (Caisse d’allocations familiales – Family Allowances Fund), accompanied by the comment ‘Rosny-Sous-Bois CAF on 9.12.14. Wearing of the full veil is supposed to be prohibited by law...’. Parliament recalled that Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State. The scope of immunity accorded to Members of the French Parliament corresponds in fact to the scope of immunity accorded to Members of the European Parliament under Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union. Given that there is no suspicion of fumus persecutionis , which is any evident attempt to obstruct the parliamentary work of Mylène Troszczynski, behind the judicial inquiry which was opened following a complaint alleging defamation of a public administration, lodged by the Seine-Saint-Denis Family Allowances Fund, the European Parliament decided to waive the immunity of Mylène Troszczynski .
procedure/Modified legal basis	Rules of Procedure EP 159
procedure/Other legal basis	Rules of Procedure EP 159

2020-01-19Show (2) Changes | Timetravel

events/1/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0218&language=EN New http://www.europarl.europa.eu/doceo/document/A-8-2017-0218_EN.html
events/3/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0258 New http://www.europarl.europa.eu/doceo/document/TA-8-2017-0258_EN.html

2019-09-04Show (2) Changes | Timetravel

committees/0	type Responsible Committee body EP committee_full Legal Affairs committee JURI associated False rapporteur name: ZWIEFKA Tadeusz date: 2017-02-10T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
committees/0	type Responsible Committee body EP committee_full Legal Affairs committee JURI associated False date 2017-02-10T00:00:00 rapporteur name: ZWIEFKA Tadeusz group: European People's Party (Christian Democrats) abbr: PPE

2019-07-06Show (11) Changes | Timetravel

activities	date: 2017-06-12T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2017-02-10T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: ZWIEFKA Tadeusz docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0218&language=EN type: Committee report tabled for plenary, single reading title: A8-0218/2017 date: 2017-06-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0258 type: Decision by Parliament, 1st reading/single reading title: T8-0258/2017 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 2017-02-10T00:00:00 rapporteur name: ZWIEFKA Tadeusz group: European People's Party (Christian Democrats) abbr: PPE
committees/0	body EP responsible True committee JURI date 2017-02-10T00:00:00 committee_full Legal Affairs rapporteur group: EPP name: ZWIEFKA Tadeusz
events	date: 2017-06-12T00:00:00 type: Vote in committee, 1st reading/single reading body: EP date: 2017-06-12T00:00:00 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=A8-2017-0218&language=EN title: A8-0218/2017 summary: The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL) on the request for waiver of the immunity of Mylène TROSZCZYNSKI (ENF, FR). As a reminder, the request to waive the immunity of Mylène Troszczynski was forwarded by the Minister of Justice of the French Republic in connection with a judicial investigation being conducted by the Bobigny Public Prosecutor on the grounds of public defamation and incitement to hatred or violence in respect of a person or group of persons on account of their origin or membership or non-membership of a particular ethnic group, nation, race or religion. The request relates to the posting on her Twitter account on 23 September 2015 of a picture of women wearing the full veil who seem to be queuing outside the offices of a CAF ( Caisse d’allocations familiales – Family Allowances Fund), accompanied by the comment ‘Rosny-Sous-Bois CAF on 9.12.14. Wearing of the full veil is supposed to be prohibited by law...’. The offending image was in fact a photomontage based on a picture taken in London and already used by another Twitter account holder. The investigation revealed that it was not Mylène Troszczynski who published the message online, but her assistant, who confessed to having done so. Mylène Troszczynski promptly removed it from her Twitter account. Members recalled that Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State. The scope of immunity accorded to Members of the French Parliament corresponds in fact to the scope of immunity accorded to Members of the European Parliament under Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union. The Court of Justice of the European Union 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 or her duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties . Such link must be direct and obvious. However, the charges are unrelated to the position of Mylène Troszczynski as a Member of the European Parliament and concern instead activities of a regional nature, given that the forged picture and the comments referred to what was allegedly happening in Rosny-Sous-Bois, in violation of the French law. Therefore, there is no suspicion of fumus persecutionis , which is any evident attempt to obstruct the parliamentary work of Mylène Troszczynski, behind the judicial inquiry which was opened following a complaint alleging defamation of a public administration, lodged by the Seine-Saint-Denis Family Allowances Fund represented by its general manager. The committee on legal affairs recommended the European Parliament to waive the immunity of Mylène Troszczynski . date: 2017-06-14T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=29944&l=en title: Results of vote in Parliament date: 2017-06-14T00:00:00 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-2017-0258 title: T8-0258/2017 summary: The European Parliament decided to waive the immunity of Mylène TROSZCZYNSKI (ENF, FR). As a reminder, the request to waive the immunity of Mylène Troszczynski was forwarded by the Minister of Justice of the French Republic in connection with a judicial investigation being conducted by the Bobigny Public Prosecutor on the grounds of public defamation and incitement to hatred or violence in respect of a person or group of persons on account of their origin or membership or non-membership of a particular ethnic group, nation, race or religion. The request relates to the posting on her Twitter account on 23 September 2015 of a picture of women wearing the full veil who seem to be queuing outside the offices of a CAF (Caisse d’allocations familiales – Family Allowances Fund), accompanied by the comment ‘Rosny-Sous-Bois CAF on 9.12.14. Wearing of the full veil is supposed to be prohibited by law...’. Parliament recalled that Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State. The scope of immunity accorded to Members of the French Parliament corresponds in fact to the scope of immunity accorded to Members of the European Parliament under Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union. Given that there is no suspicion of fumus persecutionis , which is any evident attempt to obstruct the parliamentary work of Mylène Troszczynski, behind the judicial inquiry which was opened following a complaint alleging defamation of a public administration, lodged by the Seine-Saint-Denis Family Allowances Fund, the European Parliament decided to waive the immunity of Mylène Troszczynski . date: 2017-06-14T00:00:00 type: End of procedure in Parliament body: EP
links
other
procedure/Modified legal basis	Old Rules of Procedure of the European Parliament EP 150 New Rules of Procedure EP 159
procedure/dossier_of_the_committee	Old JURI/8/09214 New JURI/8/09214
procedure/legal_basis/0	Rules of Procedure EP 6
procedure/legal_basis/0	Rules of Procedure of the European Parliament EP 006
procedure/subject	Old 8.40.01.03 Members' immunity New 8.40.01.03 Members' immunity

2017-06-17Show (4) Changes | Timetravel

activities/0	date 2017-06-12T00:00:00 body EP type Vote in committee, 1st reading/single reading committees body: EP responsible: True committee: JURI date: 2017-02-10T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: ZWIEFKA Tadeusz docs url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0218&language=EN type: Committee report tabled for plenary, single reading title: A8-0218/2017
activities/1	date 2017-06-14T00:00:00 docs url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0258 type: Decision by Parliament, 1st reading/single reading title: T8-0258/2017 body EP type Decision by Parliament, 1st reading/single reading
procedure/Modified legal basis	Rules of Procedure of the European Parliament EP 150
procedure/stage_reached	Old Awaiting committee decision New Procedure completed

2017-02-12Show (2) Changes | Timetravel

committees/0/date	2017-02-10T00:00:00
committees/0/rapporteur	group: EPP name: ZWIEFKA Tadeusz

2017-02-08Show (5) Changes

activities
committees	body: EP responsible: True committee_full: Legal Affairs committee: JURI
links
other
procedure	dossier_of_the_committee JURI/8/09214 reference 2017/2019(IMM) title Request for the waiver of the immunity of Mylène Troszczynski legal_basis Rules of Procedure of the European Parliament EP 006 stage_reached Awaiting committee decision subtype Waiver of immunity type IMM - Members' immunity subject 8.40.01.03 Members' immunity

Progress: Procedure completed

Lead committee dossier:

JURI/8/09214

Legal Basis:

Subjects

Links

Events

History

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