2014/2026(IMM)

Request for the defence of parliamentary immunity of Alexander Mirsky

Procedure completed

2014/2026(IMM) Request for the defence of parliamentary immunity of Alexander Mirsky
RoleCommitteeRapporteurShadows
Lead JURI GALLO Marielle (PPE)
Lead committee dossier: JURI/7/15407
Legal Basis RoP 007
Subjects
Links

Activites

  • 2014/04/15 Results of vote in Parliament
    • Results of vote in Parliament
    • T7-0348/2014 summary
  • 2014/04/09 Committee report tabled for plenary, single reading
    • A7-0273/2014 summary
  • 2014/04/07 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
    2014-03-10
    committee_full
    Legal Affairs
    rapporteur
    • group
      PPE
      name
      GALLO Marielle
activities/0/date changed
Old
2014-04-15
New
2014-04-07
activities/0/docs deleted
  • type
    Decision by Parliament, 1st reading/single reading
    title
    T7-0348/2014
activities/0/type changed
Old
Decision by Parliament, 1st reading/single reading
New
Vote in committee, 1st reading/single reading
activities/1/committees deleted
  • body
    EP
    responsible
    True
    committee
    JURI
    date
    2014-03-10
    committee_full
    Legal Affairs
    rapporteur
    • group
      EPP
      name
      GALLO Marielle
activities/1/date changed
Old
2014-04-07
New
2014-04-09
activities/1/docs added
  • url
    http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2014-0273&language=EN
    text
    • The Committee on Legal Affairs unanimously adopted the report by Marielle GALLO (EPP, FR) recommending that the European Parliament should defend the immunity and privileges of Alexander MIRSKY (S&D, LV).

      It should be recalled that Mr MIRSKY, a Member of the European Parliament, requested the defence of his parliamentary immunity in connection with civil proceedings pending before the Supreme Court of the Republic of Latvia following a speech he made to the European Parliament on 4 April 2011 concerning the closure of Russian-speaking schools in Latvia (and for damages to the applicants because of what they allege to be defamatory statements).

      Given that, in the parliamentary committee’s opinion, the statements referred to in Mr MIRSKY’s request, by their nature, their context and their purpose, fall into the category of statements made by Members of the European Parliament at a plenary sitting and cannot but constitute opinions expressed ‘in the performance of their duties’, they are, therefore, fully covered by parliamentary immunity, in accordance with Article 8 of the Protocol, as the most typical case of parliamentary activity referred to in that provision. The Committee on Legal Affairs recommends that European Parliament should defend the immunity and privileges of Alexander MIRSKY.

      The parliamentary committee also calls on Parliament to urge the Commission to intervene with the Latvian authorities in order to enforce EU primary law - notably, Article 8 of Protocol No 7 on the privileges and immunities of the European Union - and, if necessary, to initiate a Union law infringement procedure under Article 258 of the Treaty on the Functioning of the European Union should the Supreme Court confirm the judgment of the Riga District Court, given that the latter completely ignored the applicability of Article 8 of the Protocol on the privileges and immunities of the European Union.

      To this end, Members recall that the Court of Justice has taken the view that immunity under Article 8 of the Protocol must, to the extent that it seeks to protect the freedom of expression and independence of Members of the European Parliament, be considered as an absolute immunity barring any judicial proceedings in respect of an opinion expressed or a vote cast in the exercise of parliamentary duties.

    type
    Committee report tabled for plenary, single reading
    title
    A7-0273/2014
activities/1/type changed
Old
Vote in committee, 1st reading/single reading
New
Committee report tabled for plenary, single reading
activities/2/date changed
Old
2014-04-09
New
2014-04-15
activities/2/docs/0/title changed
Old
A7-0273/2014
New
Results of vote in Parliament
activities/2/docs/0/type changed
Old
Committee report tabled for plenary, single reading
New
Results of vote in Parliament
activities/2/docs/0/url changed
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2014-0273&language=EN
New
http://www.europarl.europa.eu/oeil/popups/sda.do?id=24516&l=en
activities/2/docs/1 added
url
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0348
text
  • The European Parliament decided to defend the immunity and privileges of Alexander MIRSKY (S&D, LV).

    It should be recalled that Mr MIRSKY, a Member of the European Parliament, requested the defence of his parliamentary immunity in connection with civil proceedings pending before the Supreme Court of the Republic of Latvia following a speech he made to the European Parliament on 4 April 2011 concerning the closure of Russian-speaking schools in Latvia.

    Given that the statements referred to in Mr MIRSKY’s request by their nature, their context and their purpose, fall into the category of statements made by Members of the European Parliament at a plenary sitting and cannot but constitute opinions expressed ‘in the performance of their duties’, they are, therefore, fully covered by parliamentary immunity, in accordance with Article 8 of the Protocol, as the most typical case of parliamentary activity referred to in that provision. The European Parliament therefore decided to defend the immunity and privileges of Alexander MIRSKY.

    Parliament also calls on the Commission to intervene with the Latvian authorities in order to enforce EU primary law - notably, Article 8 of Protocol No 7 on the privileges and immunities of the European Union - and, if necessary, to initiate a Union law infringement procedure under Article 258 of the Treaty on the Functioning of the European Union should the Supreme Court confirm the judgment of the Riga District Court, given that the latter completely ignored the applicability of Article 8 of the Protocol on the privileges and immunities of the European Union.

type
Decision by Parliament, 1st reading/single reading
title
T7-0348/2014
activities/2/type changed
Old
Committee report tabled for plenary, single reading
New
Results of vote in Parliament
committees/0/rapporteur/0/group changed
Old
EPP
New
PPE
committees/0/rapporteur/0/mepref changed
Old
4de185200fb8127435bdbe8e
New
4f1ac825b819f25efd0000cd
procedure/Modified legal basis added Rules of Procedure of the European Parliament EP 150
procedure/legal_basis/0 changed
Old
Rules of Procedure of the European Parliament EP 06a
New
Rules of Procedure of the European Parliament EP 007
2014-04-17
2014-04-16
2014-04-11
2014-04-10
2014-04-09
2014-04-02
2014-03-20

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© European Union, 2011 – Source: European Parliament