Handbook on the Incompatibilities and Immunity of the Members of the European Parliament

15-06-2009

This handbook provides the Committee on Legal Affairs with a practical tool aimed at simplifying its tasks when verifying the credentials of the newly elected Members of the European Parliament, when ruling on the validity of their mandate or when considering requests for the waiver or defence of parliamentary immunity. The handbook is intended for internal use only and does not purport to be an exhaustive study on the incompatibilities and immunity of the Members. The first part of the handbook briefly recalls the legal framework governing the verification of the credentials and the immunity of Members of the European Parliament. A detailed analysis of the legislative and procedural rules on the mandate of Members is available in the following studies published by the Policy Department: "Election and mandate of MEPs" and "Parliamentary immunity in the European Parliament". The second part of the handbook is composed of national reports summarising for each Member State the relevant national provisions on parliamentary immunity and on those national offices which are incompatible with the office of a Member of the European Parliament, according to Article 7(1) and (2) of the Act concerning the election of the Members of the European Parliament by direct universal suffrage. Each national report is therefore divided into two chapters. The first chapter sets out the legal provisions on the composition of national governments and parliaments, the denomination of their respective members and the date of the beginning of their term of office. The second chapter provides an overview of national rules on parliamentary immunity and identifies the national authorities which are competent to request the waiver of Members' immunity. Lastly, two annexes reproduce the lists of national authorities entitled to notify the names of newly elected Members to the European Parliament and those competent to request the waiver of a Member's immunity. Both lists have been drawn up by

This handbook provides the Committee on Legal Affairs with a practical tool aimed at simplifying its tasks when verifying the credentials of the newly elected Members of the European Parliament, when ruling on the validity of their mandate or when considering requests for the waiver or defence of parliamentary immunity. The handbook is intended for internal use only and does not purport to be an exhaustive study on the incompatibilities and immunity of the Members. The first part of the handbook briefly recalls the legal framework governing the verification of the credentials and the immunity of Members of the European Parliament. A detailed analysis of the legislative and procedural rules on the mandate of Members is available in the following studies published by the Policy Department: "Election and mandate of MEPs" and "Parliamentary immunity in the European Parliament". The second part of the handbook is composed of national reports summarising for each Member State the relevant national provisions on parliamentary immunity and on those national offices which are incompatible with the office of a Member of the European Parliament, according to Article 7(1) and (2) of the Act concerning the election of the Members of the European Parliament by direct universal suffrage. Each national report is therefore divided into two chapters. The first chapter sets out the legal provisions on the composition of national governments and parliaments, the denomination of their respective members and the date of the beginning of their term of office. The second chapter provides an overview of national rules on parliamentary immunity and identifies the national authorities which are competent to request the waiver of Members' immunity. Lastly, two annexes reproduce the lists of national authorities entitled to notify the names of newly elected Members to the European Parliament and those competent to request the waiver of a Member's immunity. Both lists have been drawn up by