2012/2152(IMM)

Request for the waiver of parliamentary immunity of Martin Ehrenhauser

Procedure completed

2012/2152(IMM) Request for the waiver of parliamentary immunity of Martin Ehrenhauser
RoleCommitteeRapporteurShadows
Lead JURI RAPKAY Bernhard (S&D)
Lead committee dossier: JURI/7/10049
Legal Basis RoP 006
Subjects
Links

Activites

  • 2012/10/23 Results of vote in Parliament
    • Results of vote in Parliament
    • T7-0358/2012 summary
  • 2012/10/16 Committee report tabled for plenary, single reading
    • A7-0332/2012 summary
  • 2012/10/10 Vote in committee, 1st reading/single reading

Documents

History

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

2014-11-09
activities/0/committees added
  • body
    EP
    responsible
    True
    committee
    JURI
    date
    2012-05-30
    committee_full
    Legal Affairs
    rapporteur
    • group
      S&D
      name
      RAPKAY Bernhard
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Old
2012-09-24
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2012-10-10
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    Committee draft report
    title
    PE496.445
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Committee draft report
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Vote in committee, 1st reading/single reading
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2012-07-02
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2012-10-16
activities/1/docs added
  • url
    http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-332&language=EN
    text
    • The Committee on Legal Affairs unanimously adopted the report by Bernhard RAPKAY (S&D, DE), and called on the European Parliament to waive the immunity of Martin EHRENHAUSER (NI, AT).

      The request for waiver of immunity comes from the Vienna Public Prosecutor’s Office, in order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Martin Ehrenhauser.

      The request concerns alleged offences related to illegal access to a computer system pursuant to Article 118a of the Austrian Penal Code (StGB), a breach of telecommunications secrecy pursuant to Article 119 StGB, unlawfully intercepted data pursuant to Article 119a StGB, unauthorised use of a recording or recording equipment pursuant to Article 120(2) StGB and infringement of Article 51 of the 2000 Data Protection Act.

      The committee recalls that under Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy in the territory of their own State the immunities accorded to members of their parliament. It also recalls that under Article 57(2) of the Austrian Federal Constitutional Law, Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council – except where they are caught in the act of committing a crime – and searches of the houses of members of the National Council likewise requires the consent of the National Council.

      Further to Article 57(3) of the Austrian Federal Constitutional Law, no official action on account of a punishable offence may be taken against members of the National Council without the National Council’s consent unless that offence is manifestly not connected with the political activity of the member in question. Members consider that the immunity of Martin Ehrenhauser must be waived if the investigations against him are to proceed. Martin Ehrenhauser was heard by the European Parliament’s Committee on Legal Affairs.

      The committee recommends that the European Parliament should decide to waive the immunity of Martin EHRENHAUSER.

    type
    Committee report tabled for plenary, single reading
    title
    A7-0332/2012
activities/1/type changed
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EP officialisation
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Committee report tabled for plenary, single reading
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date
2012-10-10
body
EP
type
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committees
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    committee
    JURI
    date
    2012-05-30
    committee_full
    Legal Affairs
    rapporteur
    • group
      S&D
      name
      RAPKAY Bernhard
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EC
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EP
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    activities/2/docs added
    • url
      http://www.europarl.europa.eu/oeil/popups/sda.do?id=22080&l=en
      type
      Results of vote in Parliament
      title
      Results of vote in Parliament
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-358
      text
      • The European Parliament decided to waive the parliamentary immunity of Martin EHRENHAUSER (NI, AT).

        The request for waiver of immunity comes from the Vienna Public Prosecutor’s Office, in order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Martin EHRENHAUSER. The request concerns alleged offences related to illegal access to a computer system and other infringements with respect to data protection.

        Under Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy in the territory of their own State the immunities accorded to members of their parliament, it is appropriate, in this case, to refer to Article 57 of the Austrian Bundesverfassungsgesetz (Federal Constitutional Law). This Article (and more particularly Art 57(2) stipulates that Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council – except where they are caught in the act of committing a crime – and searches of the houses of members of the National Council likewise requires the consent of the National Council. It is, accordingly, necessary to waive Mr EHRENHAUSER’s immunity.

        In order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Martin EHRENHAUSER. Parliament has therefore decided to waive his immunity.

      type
      Decision by Parliament, 1st reading/single reading
      title
      T7-0358/2012
    activities/2/type changed
    Old
    Prev DG PRES
    New
    Results of vote in Parliament
    activities/3 deleted
    date
    2012-10-16
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-332&language=EN
      text
      • The Committee on Legal Affairs unanimously adopted the report by Bernhard RAPKAY (S&D, DE), and called on the European Parliament to waive the immunity of Martin EHRENHAUSER (NI, AT).

        The request for waiver of immunity comes from the Vienna Public Prosecutor’s Office, in order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Martin Ehrenhauser.

        The request concerns alleged offences related to illegal access to a computer system pursuant to Article 118a of the Austrian Penal Code (StGB), a breach of telecommunications secrecy pursuant to Article 119 StGB, unlawfully intercepted data pursuant to Article 119a StGB, unauthorised use of a recording or recording equipment pursuant to Article 120(2) StGB and infringement of Article 51 of the 2000 Data Protection Act.

        The committee recalls that under Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy in the territory of their own State the immunities accorded to members of their parliament. It also recalls that under Article 57(2) of the Austrian Federal Constitutional Law, Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council – except where they are caught in the act of committing a crime – and searches of the houses of members of the National Council likewise requires the consent of the National Council.

        Further to Article 57(3) of the Austrian Federal Constitutional Law, no official action on account of a punishable offence may be taken against members of the National Council without the National Council’s consent unless that offence is manifestly not connected with the political activity of the member in question. Members consider that the immunity of Martin Ehrenhauser must be waived if the investigations against him are to proceed. Martin Ehrenhauser was heard by the European Parliament’s Committee on Legal Affairs.

        The committee recommends that the European Parliament should decide to waive the immunity of Martin EHRENHAUSER.

      type
      Committee report tabled for plenary, single reading
      title
      A7-0332/2012
    body
    EP
    type
    Committee report tabled for plenary, single reading
    activities/4 deleted
    date
    2012-10-23
    docs
    • type
      Decision by Parliament, 1st reading/single reading
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    4de187d40fb8127435bdc258
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    4f1adaa2b819f207b3000081
    procedure/Modified legal basis added Rules of Procedure of the European Parliament EP 150
    2012-10-25
    2012-10-22
    2012-10-19
    2012-10-18
    2012-10-12
    2012-09-28
    2012-09-25
    2012-07-13

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