REPORT on the request for defence of the immunity and privileges of Umberto Bossi
22.6.2005
(2004/2203(IMM))
Committee on Legal Affairs
Rapporteur: Diana WallisPR_IMM_art 6-3
PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION
on the request for defence of the immunity and privileges of Umberto Bossi
The European Parliament,
- having regard to the request, by a barrister acting for Mr Umberto Bossi, for defence of his immunity in connection with criminal proceedings pending before the Padua Civil District Court, of 3 August 2004, announced in plenary sitting on 13 September 2004,
- having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and to Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,
- having regard to the judgments of 12 May 1964 and 10 July 1986[1] of the Court of Justice of the European Communities,
- having regard to Rules 6(3) and 7 of its Rules of Procedure,
- having regard to the report of the Committee on Legal Affairs (A6-0209/2005),
A. whereas Umberto Bossi was a Member of the European Parliament in the fourth legislative term (start of mandate on 19 July 1994, mandate verified on 15 November 1994, mandate expired on 19 July 1999) and in the fifth legislative term (start of mandate on 20 July 1999, mandate verified on 15 December 1999, mandate expired on 10 June 2001 for incompatibility),
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[2],
C. whereas the immunity from legal proceedings enjoyed by Members of the European Parliament also covers immunity from civil proceedings,
1. Decides to defend the immunity and privileges of Umberto Bossi;
2. Proposes, pursuant to Article 9 of the above Protocol and having regard to the proceedings of the relevant Member State, to declare that the proceedings in question should not be continued; therefore calls on the Court to draw the appropriate conclusions;
3. Instructs its President immediately to forward this decision and the report of the committee responsible to the District Court of Padua.
EXPLANATORY STATEMENT
I. Admissibility of request
Umberto Bossi's first term of office as Member of the European Parliament lasted from 19 July 1994 to 19 July 1999. His second term lasted from 20 July 1999 to 10 June 2001, the day on which he was appointed minister (incompatibility, pursuant to Article 6(1), first indent, of the Act concerning the Election of the Representatives of the Assembly by direct universal suffrage[1]. His third term started on 20 July 2004. The facts in connection with the legal proceedings pending before the Padua Civil District Court took place on 1998 and on February1999.
The request is therefore admissible pursuant to Rule 6(3) of the European Parliament's Rules of Procedure, since Umberto Bossi was a Member of the European Parliament at the time in question.
II. Substance and merits of the request
In accordance with Rule 6 of the European Parliament's Rules of Procedure, the President announced at the sitting of 13 September 2004 that he had received a
request from a barrister acting for Mr Umberto Bossi MEP for his parliamentary immunity to be defended in connection with the legal proceedings pending before the Padua Civil District Court.
In implementation of Rule 6(3), the President referred all the requests to the Legal Affairs Committee, as the committee responsible.
III. Facts of the case
Mr Fabrizio Comencini, former member of Mr Bossi's party (Lega Nord), sued Mr Bossi for damages before the Padua District Court.
In his pleadings, Mr Comencini complained that Mr Bossi, on several occasions, had spoken in terms which had been serously offensive and detrimental to his reputation.
In particular The ‘Giornale di Vicenza’ of 9 October 1998, referring to the Lega Nord Congress in Bassano del Grappa, reported that Mr Bossi had said towards Mr Comencini and his supporters: ‘Spit in his eye’. ‘Traitors, insects, scroungers, layabouts: first he split the MSI and then the Lega Nord: schism is in his DNA’. ‘We are men, we are not Comencini’. ‘A puppet in the hands of the puppet master from Arcore’. ‘Crush him’.
On other occasions Mr Bossi declared that Mr Comencini ‘was plotting in the shadows’ and ‘was considering giving a hand to the Polo delle Libertà coalition and its leader, Silvio Berlusconi the mafioso’ to allow the ‘mafioso’s party to win’ and ‘we shall never ally ourselves with the mafioso’ (‘La Padania’ of 27 October 1998, 29 September 1998 and 13 October 1998). Also: ‘Cosa Nostra dictates the line to be followed by Berlusconi, who manipulates Galan and Comencini in the Veneto’ (‘La Padania’ of 13 October 1998): ‘Comencini (...) the bought man, the man bribed by Berlusconi’ (‘Il Gazzettino’ of 1 February 1998 ).
IV. Applicable provisions
Article 9 of the PPI reads as follows:
'Members of the European Parliament shall 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'.
The key point is therefore to determine whether the statements, which are the subject of the legal proceedings, were made by Mr Bossi in the performance of his duties as Member of the European Parliament.
A civil action may also constitute prosecution by the state of a Member of Parliament within the meaning of Article 9 of the PPI[2].
Parliament has consistently taken it as a fundamental principle that immunity may on no account be waived in cases in which the acts or statements of which a Member stands accused were carried out in the performance of his or her political duties or were directly related to such duties[3]. The right to make such statements is of key importance for the role of a Member of Parliament elected by the people.
In accordance with those principles, Committee on Legal Affairs notes that the statements at issue by Mr Umberto Bossi constitute an expression of opinions during a political exchange of views. These statements must be seen in the context of a political dispute between politicians, after the division of a political party, and concern a matter of genuine public interest .In conclusion these statements do not exceed the bounds of legitimate political criticism.
V. Conclusions
In the light of the above remarks, the Committee on Legal Affairs recommends that Parliament should defend the immunity and privileges of Umberto Bossi, pursuant to Rule 7(2) of its Rules of Procedure.
- [1] OJ L 278, 8.10.1976, pp. 5-11.
- [2] Request for defence of parliamentary immunity of Jannis Sakellariou, A5-0309/2003 and Giuseppe Gargani, decision of 16 December 2003, (2003/2182(IMM)).
- [3] See Decision of 1 July 2003, (2003/2249(IMM)) request for waiver of immunity of Mogens N.J. Camre.
PROCEDURE
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Title |
Request for defence of the immunity and privileges of Umberto Bossi | ||||||
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Procedure number |
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Request for defence of immunity |
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Committee responsible |
JURI | ||||||
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Basis in Rules of Procedure |
Rules 6(3) and 7 | ||||||
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Rapporteur |
Diana Wallis | ||||||
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Previous rapporteur |
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Discussed in committee |
30.11.2004 |
20.01.2005 |
30.3.2005 |
21.6.2005 |
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Date adopted |
21.6.2005 | ||||||
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Result of final vote
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for: against: |
15 0 | |||||
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Members present for the final vote |
Maria Berger, Bert Doorn, Monica Frassoni, Giuseppe Gargani, Kurt Lechner, Klaus-Heiner Lehne, Katalin Lévai, Antonio López-Istúriz White, Antonio Masip Hidalgo, Viktória Mohácsi, Francesco Enrico Speroni, Diana Wallis, Nicola Zingaretti, Jaroslav Zvěřina | ||||||
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Substitutes present for the final vote |
Manuel Medina Ortega | ||||||
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Substitutes under Rule 178(2) present for the final vote |
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Date tabled – A6 |
22.6.2005 |
A6-0209/2005 | |||||