2008/2092(IMM)

Request for waiver of the immunity of Frank Vanhecke

Procedure completed

2008/2092(IMM) Request for waiver of the immunity of Frank Vanhecke
RoleCommitteeRapporteurShadows
Lead JURI LEHNE Klaus-Heiner (PPE-DE)
Lead committee dossier: JURI/6/61777
Legal Basis RoP 006
Subjects
Links

Activites

  • 2008/11/18 Text adopted by Parliament, single reading
    • T6-0537/2008 summary
    • Results of vote in Parliament
  • 2008/11/06 Committee report tabled for plenary, single reading
  • 2008/11/06 Committee report tabled for plenary, single reading
  • 2008/11/03 Vote in committee, 1st reading/single reading
  • 2008/09/18 Committee draft report
    • PE412.280

Documents

Votes

Rapport Lehne A6-0421/2008 - résolution

2008/11/18
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 564 80 26 4 6 229 178 4 37 0
Against 61 1 3 6 18 2 0 30 1 0
Abstain 42 5 4 9 3 16 0 3 2 0

History

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

2012-02-09
activities added
  • date
    2008-09-18
    docs
    • type
      Committee draft report
      title
      PE412.280
    body
    EP
    type
    Committee draft report
  • date
    2008-11-03
    text
    • The Legal Affairs Committee adopted a report drafted by Klaus-Heiner LEHNE (EPP-ED, DE), and decided to waive the immunity of Frank VANHECKE (NI, BE).

      To recall, a request for waiver of the immunity of Frank Vanhecke, was submitted, at the request the Dendermonde Public Prosecutor, by the Belgian Minister of Justice and announced in plenary sitting on 10 April 2008. The Dendermonde Public Prosecutor has opened a criminal investigation into Mr Frank Arthur Hyppolite Vanhecke, a Belgian Member of the European Parliament, on suspicion of violating laws agains racism and xenophobia. Itr is beleiveed that Mr Vanhecke was responsible as editor or publisher responsible  for an artilce entitled 'What you were not allowed to read in the press' in the Vlaams Belang Newspaper, No 2, Sint-Niklaas edition, of April-May-June 2005. The article in question concerned the controversy which had arisen over the desecration of gravestones in Tereken churchyard between 29 March and 5 April 2005, in which connection Vlaams Belang highlighted the alleged fact that the culprits were young people of foreign origin.

      In reality the culprits were apparently not of foreign origin but were identified as four minors of indigenous origin from two Flemish families.

      In the course of the subsequent investigation it was not possible to ascertain who the author was of the article and its title. It seems to the Dendermonde Public Prosecutor that so far Mr Frank Vanhecke remains responsible under the criminal law for those sections, as the editor or publisher responsible.

      In view of the above considerations, the Dendermonde Public Prosecutor proposes to order that Mr Frank Vanhecke be summoned to appear before the Magistrate's Court. However, in view of Mr Vanhecke's status, such a prosecution would only be possible after his parliamentary immunity had been waived.

      The Legal Affairs Committee considered in the first place that this case is not covered by Article 9 of the Protocol in that an MEP's duties do not include acting as responsible editor for a national party newspaper. Consequently, the case falls to be considered under Article 10, namely in the light of Belgian law and the consolidated practice of the Committee on Legal Affairs.

      After having considered the arguments for and against waiving immunity, the Committee on Legal Affairs recommends that the European Parliament waive Mr Frank Vanhecke's parliamentary immunity.

    body
    EP
    committees
    • body
      EP
      responsible
      True
      committee
      JURI
      date
      2008-06-16
      committee_full
      Legal Affairs
      rapporteur
      • group
        PPE-DE
        name
        LEHNE Klaus-Heiner
    type
    Vote in committee, 1st reading/single reading
  • date
    2008-11-06
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-0421&language=EN
      type
      Committee report tabled for plenary, single reading
      title
      A6-0421/2008
    body
    type
    Committee report tabled for plenary, single reading
  • date
    2008-11-06
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-0421&language=EN
      type
      Committee report tabled for plenary, single reading
      title
      A6-0421/2008
    body
    EP
    type
    Committee report tabled for plenary, single reading
  • date
    2008-11-18
    docs
    body
    EP
    type
    Text adopted by Parliament, single reading
committees added
  • body
    EP
    responsible
    True
    committee
    JURI
    date
    2008-06-16
    committee_full
    Legal Affairs
    rapporteur
    • group
      PPE-DE
      name
      LEHNE Klaus-Heiner
links added
other added
    procedure added
    dossier_of_the_committee
    JURI/6/61777
    reference
    2008/2092(IMM)
    title
    Request for waiver of the immunity of Frank Vanhecke
    legal_basis
    • Rules of Procedure of the European Parliament EP 006
    stage_reached
    Procedure completed
    subtype
    Waiver of immunity
    type
    IMM - Members' immunity
    subject
    • 8.40.01.03 Members' immunity

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    © European Union, 2011 – Source: European Parliament