2010/2284(IMM)

Request for the waiver of parliamentary immunity of Bruno Gollnisch

Procedure completed

2010/2284(IMM) Request for the waiver of parliamentary immunity of Bruno Gollnisch
RoleCommitteeRapporteurShadows
Lead JURI RAPKAY Bernhard (S&D)
Lead committee dossier: JURI/7/04662
Legal Basis RoP 006
Subjects
Links

Activites

  • 2011/05/10 Text adopted by Parliament, single reading
    • T7-0190/2011 summary
    • Results of vote in Parliament
  • 2011/04/15 Committee report tabled for plenary, single reading
  • 2011/04/15 Committee report tabled for plenary, single reading
  • 2011/04/11 Vote in committee, 1st reading/single reading
  • 2011/03/25 Committee draft report
    • PE460.621
  • 2010/11/24 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
    2010-11-24
    type
    EP officialisation
  • date
    2011-03-25
    docs
    • type
      Committee draft report
      title
      PE460.621
    body
    EP
    type
    Committee draft report
  • date
    2011-04-11
    text
    • The Committee on Legal Affairs adopted the report by Bernhard RAPKAY (S&D, DE) calling on the European Parliament for waiver of the immunity of Bruno GOLLNISCH (NI, FR).

      The Prosecutor at the Court of Appeal of Lyon is asking the European Parliament to waive the immunity of its Member, Bruno Gollnisch, in connection with a criminal investigation by that court. The investigation concerns an action and claim for compensation (plainte avec constitution de partie civile) brought by the International League Against Racism and Anti-Semitism (hereinafter, the LICRA) on 26 January 2009 against an unnamed person for incitement to racial hatred (see on this point IMM/2010/2097).

      The Public Prosecutor is requesting the waiver of Bruno Gollnisch's parliamentary immunity to enable the LICRA's complaint to be investigated and, if appropriate, to enable Bruno Gollnisch to be brought before the Court of First Instance, the Appeal Court and the Court of Cassation.

      The French authorities state that Bruno Gollnisch, citing his immunity from prosecution as a Member of the European Parliament, refused to reply to the summons issued by the investigators and subsequently by the investigating magistrate. During his hearing before the Committee on Legal Affairs, Bruno Gollnisch claimed that he was threatened with arrest on several occasions and that police officers were sent to that effect to the building of the Regional Council, whereas his demand for immunity had not yet been examined.

      Mr Gollnisch asks the European Parliament to defend his immunity as Member of the Parliament because the case in question concerns, in his view, the issue of freedom of expression of his political opinions. However, given that the proceedings concern an offence allegedly committed in France, whose citizenship Bruno Gollnisch enjoyed at the material time, the defence 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 does not hold. The committee believes the case does not come within the scope of Bruno Gollnisch's political activities as Member of the European Parliament. It concerns instead activities of a purely regional and local nature of Bruno Gollnisch as regional councillor for Rhône-Alpes, a mandate to which he was elected by direct universal suffrage and which is distinct from that of Member of the European Parliament.

      As a result, the Committee recommends that the European Parliament should waive the parliamentary immunity of Bruno Gollnisch.

    body
    EP
    committees
    • body
      EP
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      True
      committee
      JURI
      date
      2010-12-01
      committee_full
      Legal Affairs
      rapporteur
      • group
        S&D
        name
        RAPKAY Bernhard
    type
    Vote in committee, 1st reading/single reading
  • date
    2011-04-15
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-0155&language=EN
      type
      Committee report tabled for plenary, single reading
      title
      A7-0155/2011
    body
    type
    Committee report tabled for plenary, single reading
  • date
    2011-04-15
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-0155&language=EN
      type
      Committee report tabled for plenary, single reading
      title
      A7-0155/2011
    body
    EP
    type
    Committee report tabled for plenary, single reading
  • date
    2011-05-10
    docs
    body
    EP
    type
    Text adopted by Parliament, single reading
committees added
  • body
    EP
    responsible
    True
    committee
    JURI
    date
    2010-12-01
    committee_full
    Legal Affairs
    rapporteur
    • group
      S&D
      name
      RAPKAY Bernhard
links added
other added
    procedure added
    dossier_of_the_committee
    JURI/7/04662
    reference
    2010/2284(IMM)
    title
    Request for the waiver of parliamentary immunity of Bruno Gollnisch
    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