2009/2014(IMM)

Request for the waiver of parliamentary immunity of Hannes Swoboda

Procedure completed

2009/2014(IMM) Request for the waiver of parliamentary immunity of Hannes Swoboda
RoleCommitteeRapporteurShadows
Lead JURI LEHNE Klaus-Heiner (PPE-DE)
Lead committee dossier: JURI/6/73376
Legal Basis RoP 006
Subjects
Links

Activites

  • 2009/04/22 Text adopted by Parliament, single reading
    • T6-0236/2009 summary
    • Results of vote in Parliament
  • 2009/04/01 Committee report tabled for plenary, single reading
  • 2009/04/01 Committee report tabled for plenary, single reading
  • 2009/03/31 Vote in committee, 1st reading/single reading
  • 2009/03/17 Committee draft report
    • PE421.391

Documents

Votes

Rapport LEHNE A6-0190/2009 - décision

2009/04/22
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 629 75 29 9 7 251 188 30 40 0
Against 12 1 0 0 8 0 0 3 0 0
Abstain 20 2 1 4 4 2 2 4 1 0

History

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

2012-02-09
activities added
  • date
    2009-03-17
    docs
    • type
      Committee draft report
      title
      PE421.391
    body
    EP
    type
    Committee draft report
  • date
    2009-03-31
    text
    • The Committee on Legal Affairs unanimously adopted the report drawn up by Klaus-Heiner LEHNE (EPP-ED, DE) on the request for waiver of the immunity of Hannes SWOBODA (PES, AT). The committee decided not to waive the immunity of Hannes Swoboda, for the following reasons:

      On 12 November 2008 a press release was published on the Austria Press Agency's Original Text Service (OTS), stating that, inter alia, Mr Swoboda described the meeting between the Czech President Vaclav Klaus and the Irish opponent of the EU Reform Treaty Declan Ganley as "scandalous". Mr Swoboda called this meeting scandalous not because Ganley is an opponent of the Lisbon Treaty, but because, according to Mr Swoboda, "this man spreads many lies and moreover the funding of his activities is extremely opaque and dubious". Mr Swoboda concluded that "the Czech EU Presidency had got off to a false start even before it had begun" and talked of "the need to provide the EU with more stable institutions".

      In response to the press release, Declan Ganley lodged a complaint with the Vienna Regional Criminal Court, calling for a waiver of Mr Swoboda's immunity and consent to proceedings against him under criminal and media law, for defamation. The complainant considers that the accused made the statement not during a sitting of the European Parliament but to the press, which is why there should be a waiver of his immunity, so that proceedings can be brought against him.

      However, having analysed this case, the Committee on Legal Affairs considers that Mr Swoboda's statements cannot be separated from their overall context and that, in the case in question, he expressed his views on fundamental European Union issues to his voters. According to the committee, Mr Swoboda was therefore performing his duties as a Member of the European Parliament and his statements should be read in the context of a legitimate political discussion on the future of the Lisbon Treaty (even though they were made to the press).

      Moreover, given that parliamentary immunity is intended in particular to protect Members' freedom of expression and freedom of political debate, the committee believes that in all cases where the actions or statements of which a Member is accused are an integral part of, or directly connected with, his political activity, immunity cannot be waived.

      In the light of the above considerations and after examining the reasons for and against a waiver of immunity, the Committee on Legal Affairs decides not to waive Mr Swoboda's immunity.

    body
    EP
    committees
    • body
      EP
      responsible
      True
      committee
      JURI
      date
      2009-02-11
      committee_full
      Legal Affairs
      rapporteur
      • group
        PPE-DE
        name
        LEHNE Klaus-Heiner
    type
    Vote in committee, 1st reading/single reading
  • date
    2009-04-01
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2009-0190&language=EN
      type
      Committee report tabled for plenary, single reading
      title
      A6-0190/2009
    body
    type
    Committee report tabled for plenary, single reading
  • date
    2009-04-01
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2009-0190&language=EN
      type
      Committee report tabled for plenary, single reading
      title
      A6-0190/2009
    body
    EP
    type
    Committee report tabled for plenary, single reading
  • date
    2009-04-22
    docs
    body
    EP
    type
    Text adopted by Parliament, single reading
committees added
  • body
    EP
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    True
    committee
    JURI
    date
    2009-02-11
    committee_full
    Legal Affairs
    rapporteur
    • group
      PPE-DE
      name
      LEHNE Klaus-Heiner
links added
other added
    procedure added
    dossier_of_the_committee
    JURI/6/73376
    reference
    2009/2014(IMM)
    title
    Request for the waiver of parliamentary immunity of Hannes Swoboda
    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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