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Tuesday, 16 December 2003 - Strasbourg Final edition
Request for the defence of Mr Gargani's parliamentary immunity and privileges

European Parliament decision on the request for defence of parliamentary immunity and privileges submitted by Giuseppe Gargani (2003/2182(IMM))

The European Parliament ,

−   having regard to a request for defence of his immunity in connection with legal proceedings pending before Investigating Judge Rosa at the Court of Milan, Section I, submitted by Giuseppe Gargani and announced in plenary sitting on 25 September 2003,

−   having regard to Article 9 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act concerning the Election of Representatives to the European Parliament by direct universal suffrage of 20 September 1976,

−   having regard to the judgements of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986(1) ,

−   having regard to Rules 6 and 6a of its Rules of Procedure,

−   having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0421/2003),

A.   whereas Giuseppe Gargani was elected to the European Parliament in the fifth elections held from 10 to 13 June 1999, and whereas his credentials were verified by Parliament on 15 December 1999(2) ,

B.   whereas Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties(3) ,

C.   whereas the immunity from legal proceedings enjoyed by Members of the European Parliament also covers immunity from civil proceedings,

D.   whereas Members of the European Parliament have a responsibility to participate in political affairs within their own constituency, and accordingly when they publish articles in journals and newspapers on controversial topics they are properly deemed to be engaged in the performance of their duties as MEPs,

1.  Decides to defend the immunity and privileges of Giuseppe Gargani;

2.  Proposes, on the grounds of Article 9 of the aforementioned protocol and with due respect to the procedures in the Member State concerned, to hold that in the case in question proceedings may not be pursued and invites the Court to draw the necessary conclusions;

3.  Instructs its President immediately to forward this decision and the report of its committee to Section I of the Court of Milan.

(1) See Case 101/63: Wagner v Fohrmann and Krier [1964] ECR English special edition, 195 and Case 149/85: Wybot v Faure [1986] ECR 2391.
(2) European Parliament Decision on the verification of credentials of Members following the fifth direct elections to the European Parliament on 10 to 13 June 1999, (OJ C 296, 18.10.2000, p. 93.).
(3) Article 9 of the Protocol on the Privileges and Immunities of the European Communities.

Last updated: 6 July 2004Legal notice