BETA


2019/2005(IMM) Decision on the request for waiver of the immunity of José Manuel Fernandes

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI GARCÍA DEL BLANCO Ibán (icon: S&D S&D)
Former Responsible Committee JURI
Lead committee dossier:
Legal Basis:
RoP 6

Events

2019/11/14
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament decided to waive the parliamentary immunity of José Manuel FERNANDES (EPP, PT).

As a reminder, the Porto Department of Criminal Investigation and Prosecution has requested the waiver of the immunity of José Manuel Fernandes, Member of the European Parliament, in connection with a possible legal action concerning an alleged crime of malfeasance, provided for in and punishable under Portuguese Law 34/87 of 16 July, which carries a prison sentence of two to eight years.

José Manuel Fernandes, in his capacity as Mayor of Vila Verde and in the performance of his tasks in that role and in collusion with others, is under investigation for allegedly violating the general principles of public procurement rules and specifically, the principles of impartiality, neutrality, competition and transparency, by putting a company in a more favourable position than its competitors, and allegedly participating in the prior preparation and completion of documents required for the tender procedure. That company was awarded the tender on 22 December 2008.

José Manuel Fernandes asked for his immunity to be waived. It is for Parliament alone to decide, in a given case, whether or not to waive immunity and it may reasonably take account of the position of the Member in order to decide whether or not to waive his or her immunity.

Members stressed that the legal proceeding does not concern opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union.

Moreover, Parliament has found no evidence of fumus persecutionis , i.e. factual elements which indicate that the intention underlying the legal proceeding may be to damage a Member’s political activity.

Documents
2019/11/14
   EP - End of procedure in Parliament
2019/11/12
   EP - Committee report tabled for plenary, single reading
Documents
2019/11/12
   EP - Vote in committee, 1st reading/single reading
2019/11/12
   EP - Committee report tabled for plenary, single reading
Details

The Committee on Legal Affairs adopted the report by Ibán GARCÍA DEL BLANCO (S&D, ES) on the request for waiver of the parliamentary immunity of José Manuel FERNANDES (EPP, PT).

The Porto Department of Criminal Investigation and Prosecution has requested the waiver of the immunity of José Manuel Fernandes, Member of the European Parliament, in connection with a possible legal action concerning an alleged crime of malfeasance, provided for in and punishable under Portuguese Law 34/87 of 16 July, which carries a prison sentence of two to eight years.

José Manuel Fernandes, in his capacity as Mayor of Vila Verde and in the performance of his tasks in that role and in collusion with others, is under investigation for allegedly violating the general principles of public procurement rules by putting a company in a more favourable position than its competitors, as this company was awarded the tender on 22 December 2008.

Given that Parliament has found no evidence of fumus persecutionis , i.e. factual elements which indicate that the intention underlying the legal proceeding may be to damage a Member’s political activity, the committee recommended that the European Parliament waive the immunity of José Manuel Fernandes.

Documents
2019/07/24
   EP - GARCÍA DEL BLANCO Ibán (S&D) appointed as rapporteur in JURI

Documents

  • Decision by Parliament, 1st reading/single reading: T9-0051/2019
  • Committee report tabled for plenary, single reading: A9-0023/2019
  • Committee report tabled for plenary, single reading: A9-0023/2019
  • Committee report tabled for plenary, single reading: A9-0023/2019

History

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

events/1
date
2019-11-12T00:00:00
type
Committee report tabled for plenary, single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/A-9-2019-0023_EN.html title: A9-0023/2019
summary
events/2
date
2019-11-14T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-9-2019-0051_EN.html title: T9-0051/2019
summary
events/3
date
2019-11-14T00:00:00
type
End of procedure in Parliament
body
EP
forecasts
  • date: 2019-11-14T00:00:00 title: Vote in plenary scheduled
procedure/stage_reached
Old
Awaiting Parliament 1st reading / single reading / budget 1st stage
New
Procedure completed
docs/0/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A9-2019-0023&language=EN
New
http://www.europarl.europa.eu/doceo/document/A9-2019-0023&language=EN
events/1
date
2019-11-12T00:00:00
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=A9-2019-0023&language=EN title: A9-0023/2019
procedure/title
Old
Request for the waiver of the immunity of José Manuel Fernandes
New
Decision on the request for waiver of the immunity of José Manuel Fernandes
docs
  • date: 2019-11-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A9-2019-0023&language=EN title: A9-0023/2019 type: Committee report tabled for plenary, single reading body: EP
events/1/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A9-2019-0023&language=EN title: A9-0023/2019
forecasts
  • date: 2019-11-14T00:00:00 title: Vote in plenary scheduled
events
  • date: 2019-11-12T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2019-11-12T00:00:00 type: Committee report tabled for plenary, single reading body: EP
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament 1st reading / single reading / budget 1st stage
committees/0/rapporteur/0/name
Old
GARCIA DEL BLANCO Ibán
New
GARCÍA DEL BLANCO Ibán
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
rapporteur
name: GARCIA DEL BLANCO Ibán date: 2019-07-24T00:00:00 group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
date
2019-07-24T00:00:00
rapporteur
name: GARCIA DEL BLANCO Ibán group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
committees/1/date
    committees/0
    type
    Responsible Committee
    body
    EP
    committee_full
    Legal Affairs
    committee
    JURI
    associated
    False
    date
    2019-07-24T00:00:00
    rapporteur
    name: GARCIA DEL BLANCO Ibán group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
    committees/0
    type
    Responsible Committee
    body
    EP
    committee_full
    Legal Affairs
    committee
    JURI
    associated
    False
    date
    committees
    • type: Responsible Committee body: EP committee_full: Legal Affairs committee: JURI associated: False date:
    • type: Former Responsible Committee body: EP committee_full: Legal Affairs committee: JURI associated: False date:
    procedure
    reference
    2019/2005(IMM)
    title
    Request for the waiver of the immunity of José Manuel Fernandes
    subject
    type
    IMM - Members' immunity
    subtype
    Waiver of immunity
    legal_basis
    Rules of Procedure EP 6
    stage_reached
    Awaiting committee decision
    dossier_of_the_committee
    JURI/9/00522