2016/2087(IMM)

Request for the defence of the immunity of Jane Collins

Procedure completed

2016/2087(IMM) Request for the defence of the immunity of Jane Collins
RoleCommitteeRapporteurShadows
Lead JURI ZWIEFKA Tadeusz (EPP)
Lead committee dossier: JURI/8/06548
Legal Basis RoP 006
Subjects
Links

Activites

  • 2016/10/25 Decision by Parliament, 1st reading/single reading
    • T8-0396/2016 summary
  • 2016/10/18 Committee report tabled for plenary, single reading
    • A8-0297/2016 summary
  • 2016/10/12 Vote in committee, 1st reading/single reading

Documents

  • Committee report tabled for plenary, single reading: A8-0297/2016
  • Decision by Parliament, 1st reading/single reading: T8-0396/2016

History

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

2016-11-22
activities/0 added
date
2016-10-12
body
EP
type
Vote in committee, 1st reading/single reading
committees
  • body
    EP
    responsible
    True
    committee
    JURI
    date
    2016-05-24
    committee_full
    Legal Affairs
    rapporteur
    • group
      EPP
      name
      ZWIEFKA Tadeusz
activities/1 added
date
2016-10-18
docs
  • url
    http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0297&language=EN
    text
    • The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL), and recommended that the European Parliament waive the immunity of Mrs Jane COLLINS (EFDD, RU).

      Members recalled that the issue involves the defence of Mrs Collins’ parliamentary privileges and immunities in relation to civil proceedings for libel against her before the Queen’s Bench Division of the High Court in London.

      Firstly, the request concerns the defence of the right of Members of the European Parliament, under Article 7 of the Protocol, not to be subject to administrative or other restrictions on their free movement when travelling to or from the European Parliament. This part of the request relates to the fact that Jane Collins has allegedly been prevented from travelling to parliamentary meetings by the scheduling of the court proceedings being brought against her. However, bearing in mind the applicable jurisprudence (Mote case), it appears that Article 7 of the Protocol does not apply to restrictions arising out of legal proceedings. The request for defence of parliamentary privilege is therefore inadmissible in respect of Article 7.

      The request also concerns Article 8 of the Protocol, whereby Members are defended from any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties. In this respect, it appears that the claim of libel and slander concerns accusations that Mrs Collins made at a party conference. However, the committee stated that there is no direct, obvious connection between the contested statements and Mrs Collins’s duties as a Member of the European Parliament. Furthermore, they do not relate to her activity as a Member of the European Parliament or to the policies of the European Union, and were made in the context of national political debate. It appears that the contested statements are, therefore, not covered by Article 8 of the Protocol.

      Bearing these factors in mind, Members called on the European Parliament not to defend the privileges and immunities of Jane Collins.

    type
    Committee report tabled for plenary, single reading
    title
    A8-0297/2016
body
EP
type
Committee report tabled for plenary, single reading
activities/2/docs added
  • url
    http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0396
    text
    • The European Parliament decided to waive the privileges and immunity Jane COLLINS (EFDD, RU).

      Parliament recalled that the issue involves the defence of Mrs Collins’ parliamentary privileges and immunities in relation to civil proceedings for libel against her before the Queen’s Bench Division of the High Court in London.

      The request concerns, firstly, the defence of the right of Members of the European Parliament, under Article 7 of the Protocol, not to be subject to administrative or other restrictions on their free movement when travelling to or from the European Parliament. This part of the request relates to the fact that Jane Collins has allegedly been prevented from travelling to parliamentary meetings by the scheduling of the court proceedings being brought against her. However, it appears that Article 7 of the Protocol does not apply to restrictions arising out of legal proceedings.

      The request also concerns Article 8 of the Protocol, whereby Members are defended from any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties. In this respect, it appears that the claim of libel and slander concerns accusations that Mrs Collins made at a party conference. The contested statements do not relate to Mrs Collins’s duties as a Member of the European Parliament. Furthermore, they do not relate to her activity as a Member of the European Parliament or to the policies of the European Union, and were made in the context of national political debate. Bearing these factors in mind, the European Parliament decided not to defend the privileges and immunities of Jane Collins.

    type
    Decision by Parliament, 1st reading/single reading
    title
    T8-0396/2016
activities/2/type changed
Old
Indicative plenary sitting date, 1st reading/single reading
New
Decision by Parliament, 1st reading/single reading
procedure/stage_reached changed
Old
Awaiting committee decision
New
Procedure completed
2016-10-01
2016-09-17
2016-09-16
2016-09-10
2016-07-02
2016-05-26
2016-05-20

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