2010/2213(IMM)

Request for the waiver of parliamentary immunity of Agnes Hankiss

Procedure completed

2010/2213(IMM) Request for the waiver of parliamentary immunity of Agnes Hankiss
RoleCommitteeRapporteurShadows
Lead JURI WALLIS Diana (ALDE)
Lead committee dossier: JURI/7/03853
Legal Basis RoP 006
Subjects
Links

Activites

  • 2011/06/07 Text adopted by Parliament, single reading
    • T7-0247/2011 summary
    • Results of vote in Parliament
  • 2011/05/26 Committee report tabled for plenary, single reading
  • 2011/05/26 Committee report tabled for plenary, single reading
  • 2011/05/24 Vote in committee, 1st reading/single reading
  • 2011/05/09 Committee draft report
    • PE464.898
  • 2010/09/06 EP officialisation

Documents

History

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

2012-02-09
activities added
  • body
    EP
    date
    2010-09-06
    type
    EP officialisation
  • date
    2011-05-09
    docs
    • type
      Committee draft report
      title
      PE464.898
    body
    EP
    type
    Committee draft report
  • date
    2011-05-24
    text
    • The Committee on Legal Affairs unanimously adopted the report by Diana WALLIS (ADLE, UK) in which it calls on the European Parliament to waive the immunity of Ágnes HANKISS (EPP, HU).

      The Central District Court of Buda, Budapest (HU) has requested the waiver of immunity of Ágnes Hankiss, a Member of the Parliament, in order to conduct renewed criminal proceedings against the Member. This proceeding relates to an alleged offence of defamation under Section 181 of the Hungarian Criminal Code as a result of a statement made during the programme 'Péntek 8 mondatvadász' on 23 January 2004.

      Ágnes Hankiss was accused by a private plaintiff in an accusation dated 18 February 2004 of an alleged offence of defamation of the memory of a dead person (the plaintiff's father).

      She was acquitted of the charges on 6 February 2009 but the Supreme Court of the Republic of Hungary annulled the judgments on the grounds of breach of substantive law and instructed the Central District Court of Buda to conduct new proceedings. The Central District Court opened renewed proceedings on 31 March 2010. At the same day the proceedings were suspended on the grounds that Ágnes Hankiss enjoys parliamentary immunity as a Member of the Parliament. The relevant request for the waiver of that immunity was made by the Court on 6 July 2010.

      Under Article 9 of the Protocol, given that the proceedings concern an offence allegedly committed in Hungary, whose citizenship Ágnes Hankiss enjoyed at the material time, the only applicable part is the one pursuant to which 'during the sessions of the European Parliament its Members shall enjoy: a) in the territory of their own State, the immunities accorded to members of their parliament'. In the present case, the committee finds that the case does not come within the scope of Ágnes Hankiss's political activities as Member of the Parliament. It concerns instead a statement made in 2004, long before she was elected a Member of the Parliament. The committee has also found no evidence of fumus persecutionis, i.e. a sufficiently serious and precise suspicion that the case has been brought with the intention of causing political damage to the Member.

      As a consequence, the committee considers it appropriate to recommend that parliamentary immunity be waived in this instance.

    body
    EP
    committees
    • body
      EP
      responsible
      True
      committee
      JURI
      date
      2010-09-20
      committee_full
      Legal Affairs
      rapporteur
      • group
        ALDE
        name
        WALLIS Diana
    type
    Vote in committee, 1st reading/single reading
  • date
    2011-05-26
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-0196&language=EN
      type
      Committee report tabled for plenary, single reading
      title
      A7-0196/2011
    body
    type
    Committee report tabled for plenary, single reading
  • date
    2011-05-26
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-0196&language=EN
      type
      Committee report tabled for plenary, single reading
      title
      A7-0196/2011
    body
    EP
    type
    Committee report tabled for plenary, single reading
  • date
    2011-06-07
    docs
    body
    EP
    type
    Text adopted by Parliament, single reading
committees added
  • body
    EP
    responsible
    True
    committee
    JURI
    date
    2010-09-20
    committee_full
    Legal Affairs
    rapporteur
    • group
      ALDE
      name
      WALLIS Diana
links added
other added
    procedure added
    dossier_of_the_committee
    JURI/7/03853
    reference
    2010/2213(IMM)
    title
    Request for the waiver of parliamentary immunity of Agnes Hankiss
    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

    code AGPLv3.0+, data ODBLv1.0, site-content CC-By-Sa-3.0
    © European Union, 2011 – Source: European Parliament