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Tuesday, 10 February 2004 - Strasbourg Final edition
Defence of Mr Pannella's parliamentary immunity
P5_TA(2004)0075A5-0051/2004

European Parliament decision on the request submitted by Marco Pannella for defence of parliamentary immunity in relation to legal proceedings pending before the Rome criminal court (2003/2183(IMM))

The European Parliament,

−   having regard to the request for defence of parliamentary immunity in Case 36591/01 RG pending before public prosecutor Pietro Saviotti in Rome, submitted to the President by Marco Pannella on 1 October 2003 and announced in the plenary sitting of 9 October 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 the representatives of the European Parliament by direct universal suffrage of 20 September 1976,

−   having regard to the judgments 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 (A5-0051/2004),

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

B.   whereas the European Parliament meets over a five-year period of continuous sessions(3) ,

C.   whereas the current European Parliament session will end on 8 March 2004 and the subsequent session will commence on 9 March 2004(4) , and whereas the powers of the current European Parliament will cease on 19 July 2004,

D.   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,

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

1.  Decides to defend the immunity of Marco Pannella;

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 to forward this decision and the report of its committee to the public prosecutor's office in Rome in relation to Case 36591/01 RG.

(1) See Case 101/63: Wagner v Fohrmann and Krier [1964] ECR English special edition, 195 and Case 149/85: Wybot v Faure and others [1986] ECR 2391.
(2) European Parliament Decision on the verification of credentials of Members following the fifth elections to the European Parliament by direct universal suffrage on 10 to 13 June 1999 (OJ C 296, 18.10.2000, p. 93).
(3) Articles 3 and 10 of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage and Case 149/85: Wybot v Faure and others.
(4) Article 196 of the EC Treaty.

Last updated: 30 September 2008Legal notice