2013/2031(REG)

EP Rules of Procedure, Rule 7: waiver and defence of parliamentary immunity

Procedure completed

2013/2031(REG) EP Rules of Procedure, Rule 7: waiver and defence of parliamentary immunity
RoleCommitteeRapporteurShadows
Lead AFCO JÄÄTTEENMÄKI Anneli (ALDE) WIELAND Rainer (PPE), LEINEN Jo (S&D), HÄFNER Gerald (Verts/ALE), FOX Ashley (ECR), SCHOLZ Helmut (GUE/NGL), MESSERSCHMIDT Morten (EFD)
Opinion JURI LEHNE Klaus-Heiner (PPE)
Lead committee dossier: AFCO/7/12009
Legal Basis RoP 227-p1
Subjects
Links

Activites

  • 2014/01/16 Results of vote in Parliament
    • Results of vote in Parliament
    • T7-0035/2014 summary
  • 2014/01/08 Committee report tabled for plenary, single reading
    • A7-0012/2014 summary
  • 2013/12/17 Vote in committee, 1st reading/single reading
  • 2013/11/21 Committee referral announced in Parliament, 1st reading/single reading

Documents

AmendmentsDossier
57 2013/2031(REG) EP Rules of Procedure, Rule 7: waiver and defence of parliamentary immunity
2013/05/14 JURI 14 amendments...
source: PE-508.079
2013/06/06 JURI 11 amendments...
source: PE-513.181
2013/06/26 JURI 11 amendments...
source: PE-513.181
2013/07/17 AFCO, AFCO 15 amendments...
source: PE-516.644
2013/10/24 AFCO 6 amendments...
source: PE-522.811

History

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

2014-11-09
activities/0/committees added
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    EP
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    2013-02-04
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    2013-02-20
    committee_full
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    rapporteur
    • group
      PPE
      name
      LEHNE Klaus-Heiner
activities/0/date changed
Old
2014-01-08
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2013-11-21
activities/0/docs deleted
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    http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2014-0012&language=EN
    type
    Committee report tabled for plenary, single reading
    title
    A7-0012/2014
activities/0/type changed
Old
Committee report tabled for plenary, single reading
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Committee referral announced in Parliament, 1st reading/single reading
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      LEHNE Klaus-Heiner
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2014-01-16
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2013-12-17
activities/1/docs deleted
  • url
    http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0035
    type
    Decision by Parliament, 1st reading/single reading
    title
    T7-0035/2014
activities/1/type changed
Old
Decision by Parliament, 1st reading/single reading
New
Vote in committee, 1st reading/single reading
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  • body
    EP
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    2013-02-04
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activities/2/date changed
Old
2013-12-17
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2014-01-08
activities/2/docs added
  • url
    http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2014-0012&language=EN
    text
    • The Committee on Constitutional Affairs adopted the report by Anneli JÄÄTTEENMÄKI (ADLE, FI) on the amendment of Parliament's Rules of Procedure on the waiver and the defence of parliamentary immunity.

      Members stipulated that Parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole and of its Members.

      Procedures on immunity: the report stated that any request for waiver of immunity shall be evaluated in accordance with Articles 7, 8 and 9 of the Protocol on the Privileges and Immunities of the European Union and with the principles referred to in the Parliament’s Rules of Procedure.

      Defence of privileges and immunity: in a new Article it is stated that in cases where the privileges and immunities of a Member or former Member are alleged to have been breached by the authorities of a Member State, a request for a Parliament decision as to whether there has, in fact, been a breach of those privileges and immunities may be made. In particular, such a request for the defence of privileges and immunities may be made if it is considered that the circumstances constitute an administrative or other restriction on the free movement of Members travelling to or from the place of meeting of Parliament or on an opinion expressed or a vote cast in the performance of their duties, or that they fall within the scope of Article 9 of the Protocol on the Privileges and Immunities of the European Union.

      Admissibility: it is stipulated that a request for the defence of the privileges and immunities of a Member shall not be admissible if a request for the waiver or defence of that Member’s immunity has already been received in respect of the same legal proceedings, whether or not a decision has been taken at that time.

      Reconsideration: in cases where a decision has been taken not to defend the privileges and immunities of a Member, the Member may make a request for reconsideration of the decision, submitting new evidence. The request for reconsideration shall be inadmissible if proceedings have been instituted against the decision under Article 263 of the Treaty on the Functioning of the European Union, or if the President considers that the new evidence submitted is not sufficiently substantiated to warrant reconsideration.

      Right to be heard: clarifications have been made to ensure that Members may be heard, but that they cannot repeatedly postpone their hearing in order to block judicial proceedings against them.

      Principles for the application of this Rule: a new provision has been introduced on the principles for application. This addition is not meant to empower the committee to make substantive assessments, which in the end are a matter for Parliament.  The aim is to ensure that when the cases are similar, so too will be the approaches proposed by the Committee on Legal Affairs, thus laying the foundations for a kind of ‘case law’.

      It should be noted that a certain number of articles have been moved. These concern:

      • emergency situations (as a matter of urgency, in circumstances where a Member is arrested or has  his or her freedom of movement curtailed in apparent breach of their privileges and immunities, the President, after consulting the chair and rapporteur of the committee responsible, may take an initiative to assert the privileges and immunities of the Member concerned);
      • defence of privileges and immunity;
      • provisions on hearings ;
      • the question whether a request for a waiver of immunity is required in cases where Members are to appear as witnesses.
      • the basic criteria for defending the immunity of a Member.
    type
    Committee report tabled for plenary, single reading
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    A7-0012/2014
activities/2/type changed
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Vote in committee, 1st reading/single reading
New
Committee report tabled for plenary, single reading
activities/3/committees deleted
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    committee_full
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    • group
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      LEHNE Klaus-Heiner
activities/3/date changed
Old
2013-11-21
New
2014-01-16
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    Results of vote in Parliament
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    Results of vote in Parliament
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    http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0035
    text
    • The European Parliament adopted a decision on the amendment of Parliament's Rules of Procedure on the waiver and the defence of parliamentary immunity.

      Parliament stipulated that Parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole and of its Members.

      Procedures on immunity: the amended Regulation stated that any request for waiver of immunity shall be evaluated in accordance with Articles 7, 8 and 9 of the Protocol on the Privileges and Immunities of the European Union and with the principles referred to in the Parliament’s Rules of Procedure.

      Defence of privileges and immunity: in a new Article, it is stated that in cases where the privileges and immunities of a Member or former Member are alleged to have been breached by the authorities of a Member State, a request for a Parliament decision as to whether there has, in fact, been a breach of those privileges and immunities may be made. In particular, such a request for the defence of privileges and immunities may be made if it is considered that the circumstances constitute an administrative or other restriction on the free movement of Members travelling to or from the place of meeting of Parliament or on an opinion expressed or a vote cast in the performance of their duties, or that they fall within the scope of Article 9 of the Protocol on the Privileges and Immunities of the European Union.

      Admissibility: it is stipulated that a request for the defence of the privileges and immunities of a Member shall not be admissible if a request for the waiver or defence of that Member’s immunity has already been received in respect of the same legal proceedings, whether or not a decision has been taken at that time.

      Reconsideration: in cases where a decision has been taken not to defend the privileges and immunities of a Member, the Member may make a request for reconsideration of the decision, submitting new evidence. The request for reconsideration shall be inadmissible if proceedings have been instituted against the decision under Article 263 of the Treaty on the Functioning of the European Union, or if the President considers that the new evidence submitted is not sufficiently substantiated to warrant reconsideration.

      Right to be heard: clarifications have been made, on the one hand, to ensure that Members may be heard and on the other, to ensure that they cannot repeatedly postpone their hearing in order to block judicial proceedings against them.

      Principles for the application of this Rule: a new provision has been introduced on the principles for the application of this Rule.

      It should be noted that a certain number of articles have been moved. These concern:

      • emergency situations (as a matter of urgency, in circumstances where a Member is arrested or has  his or her freedom of movement curtailed in apparent breach of their privileges and immunities, the President, after consulting the chair and rapporteur of the committee responsible, may take an initiative to assert the privileges and immunities of the Member concerned);
      • defence of privileges and immunity;
      • provisions on hearings ;
      • the question whether a request for a waiver of immunity is required in cases where Members are to appear as witnesses.
      • the basic criteria for defending the immunity of a Member.
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Rules of Procedure of the European Parliament EP 138
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Rules of Procedure of the European Parliament EP 212-p1
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Rules of Procedure of the European Parliament EP 227-p1
2014-01-21
2014-01-18
2014-01-14
2014-01-11
2014-01-10
2014-01-09
2013-12-21
2013-12-06
2013-11-27

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