2012/2239(IMM)

Request for the waiver of parliamentary immunity of Ewald Stadler

Procedure completed

2012/2239(IMM) Request for the waiver of parliamentary immunity of Ewald Stadler
RoleCommitteeRapporteurShadows
Lead JURI ZWIEFKA Tadeusz (PPE)
Lead committee dossier: JURI/7/10698
Legal Basis RoP 006
Subjects
Links

Activites

  • 2013/04/16 Results of vote in Parliament
    • Results of vote in Parliament
    • T7-0108/2013 summary
  • 2013/03/25 Committee report tabled for plenary, single reading
    • A7-0120/2013 summary
  • 2013/03/18 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
    2012-09-18
    committee_full
    Legal Affairs
    rapporteur
    • group
      PPE
      name
      ZWIEFKA Tadeusz
activities/0/date changed
Old
2013-02-28
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2013-03-18
activities/0/docs deleted
  • type
    Committee draft report
    title
    PE506.155
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Old
Committee draft report
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Vote in committee, 1st reading/single reading
activities/1 deleted
date
2013-03-18
body
EP
type
Vote in committee, 1st reading/single reading
committees
  • body
    EP
    responsible
    True
    committee
    JURI
    date
    2012-09-18
    committee_full
    Legal Affairs
    rapporteur
    • group
      EPP
      name
      ZWIEFKA Tadeusz
activities/1/docs/0/text added
  • The Committee on Legal Affairs unanimously adopted the report by Tadeusz ZWIEFKA (EPP, PL), and called on the European Parliament to waive the immunity of Ewald STADLER (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 Ewald STADLER.

    The request concerns alleged offences of attempted aggravated coercion under Sections 15, 105(1) and 106(1)(1) of the Austrian Criminal Code, and the offence of perjury under Section 288(1) of the Criminal Code.

    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 Ewald Stadler must be waived if the investigations against him are to proceed. Ewald STADLER 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 Ewald STADLER.

activities/2/docs/0 added
url
http://www.europarl.europa.eu/oeil/popups/sda.do?id=22775&l=en
type
Results of vote in Parliament
title
Results of vote in Parliament
activities/2/docs/1/text added
  • The European Parliament decided to waive the parliamentary immunity of Ewald STADLER (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 Ewald STADLER. The request concerns alleged offences of attempted aggravated coercion under Sections 15, 105(1) and 106(1)(1) of the Austrian Criminal Code, and the offence of perjury under Section 288(1) of the Criminal Code.

    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 Ewald STADLER’s immunity.

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

activities/2/docs/1/url added http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-108
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Text adopted by Parliament, single reading
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Results of vote in Parliament
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EPP
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PPE
committees/0/rapporteur/0/mepref changed
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4de1898b0fb8127435bdc4c5
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4f1adcd7b819f207b3000140
procedure/Modified legal basis added Rules of Procedure of the European Parliament EP 150
2013-04-18
2013-04-08
2013-03-27
2013-03-20
2013-03-14
2013-03-01
2012-12-01
2012-09-25
2012-09-23
2012-09-21

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