REPORT on the request for defence of the immunity and privileges of Umberto Bossi
22.6.2005
(2004/2101(IMM))
Committee on Legal Affairs
Rapporteur: Diana WallisPR_IMM_art.6-3
1. PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION
on the request for defence of the immunity and privileges of Umberto Bossi (2004/2101(IMM))
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 Brescia District Court, of 7 May 2004, announced in plenary sitting on 22 July 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 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 judgements 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 (A6-0210/2005),
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],
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 Brescia District Court.
2. PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION
on the request for defence of the immunity and privileges of Umberto Bossi (2004/2101(IMM))
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 Bergamo District Court, of 7 May 2004, announced in plenary sitting on 22 July 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 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 judgements 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 (A6-0000/2005),
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],
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 Bergamo District Court.
3. PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION
on the request for defence of the immunity and privileges of Umberto Bossi (2004/2101(IMM))
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 Magistrates' Court in Milan, of 7 May 2004, announced in plenary sitting on 22 July 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 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 judgements 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 (A6-0000/2005),
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 shall enjoy in their own state immunity from legal proceedings equivalent to that of a Member of the Parliament of that state[2],
C. whereas in the case covered by the judgement of the Magistrates' Court in Milan Umberto Bossi used violence against, and threatened, officers of the Italian police, who were conducting a search of the premises of the Milan headquarters of the Lega Nord, ordered by the Verona Public Prosecutor,
D. whereas at that time Umberto Bossi was a member of the Italian Parliament and the Italian Constitutional Court decided, on 17 May 2001, that he did not enjoy parliamentary immunity finding that insults and acts of resistance and violence are in no way acts in which parliamentary privilege may apply,
E. whereas in such a case only Article 10(a) of the above Protocol can be applied and it appears that Members of the Italian Parliament do not enjoy Parliamentary immunity in respect of legal proceedings in such circumstances,
1. Decides not to defend the immunity and privileges of Umberto Bossi in connection with the criminal proceedings pending before the Magistrates' Court in Milan.
EXPLANATORY STATEMENT
I. Admissibility of requests
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 Brescia District Court took place on 26 February 1996; the facts in connection with the legal proceedings pending before the Bergamo District Court took place on 4 August 1995; the facts in connection with the legal proceedings pending before the Magistrates' Court in Milan took place on 18 September 1996.
The requests are 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 requests
In accordance with Rule 6 of the European Parliament's Rules of Procedure, the President announced at the sitting of 22 July 2004 that he had received three requests 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 Brescia and Bergamo District Courts and the Magistrates' Court in Milan.
In implementation of Rule 6(3), the President referred all the requests to the Legal Affairs Committee, as the committee responsible.
II.1. DISTRICT COURT OF BRESCIA
II. 1. 1. Facts of the case
On the evening of 26 February 1996 Umberto BOSSI, leader of the Lega Lombarda [Lombard League] political organisation and Member of the Italian Chamber of Deputies, held a meeting in Tradate, during which he made a number of remarks about the judiciary or, more precisely, about a representative thereof, expressing himself as follows: 'There are magistrates who just love to put people in jail. In the province of Varese, too, there's one of them, who's a big bastard. I won't give his name, because everyone knows who he is.'
Mr Bossi's remarks were reported in the press and, in particular, in the newspapers 'Il Giorno' and 'La Prealpina' on 6 March 1996.
On 28 March 1996 Mr Agostino Abate, Deputy Public Prosecutor at the Varese District Court, brought an action for defamation on the basis of the news reported in the newspapers referred to above.
On the basis of the above facts Mr Bossi was charged with the offence of defamation, aggravated by having been committed in the press and also against a public servant (Article 595 (I) and (III) and Article 61(10) of the Criminal Code).
The District Court of Brescia found Umberto Bossi guilty of the offence of defamation ascribed to him, and sentenced him to a period of imprisonment of one month and ten days and ordered him to pay the costs of the proceedings and the damages to the aggrieved party.
II. 1. 2. 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.
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. 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.
II. 1. 3. Conclusions
On the basis of the above considerations and pursuant to Article 7(2) of the Rules of Procedure, after consideration the reasons for and against defending the Member's immunity, the Committee on Legal Affairs recommends that the European Parliament should defend the Parliamentary immunity of Mr Umberto Bossi.
II. 2. DISTRICT COURT OF BERGAMO
II. 2. 1. Facts of the case
On the evening of 4 August 1995 Mr Bossi gave two speeches at public meetings, in the presence of several hundred onlookers, first in Brembate Sopra and then in Albano Sant'Alessandro, as part of the Lega Festivals in those two locations.
During the meeting in Brembate Mr Bossi, after expressing his own views about Italian political affairs in recent years and about the role played by the political force that he represented, directed criticism towards the 'fascists', saying, 'Anyone who enters Parliament knows that this has always been a political force for sale, that it was and is a political force close to and fit for use by the wealthy, gluttonous Andreotti faction, which means the most mafia-like section of the Christian Democrats; that it's the same party as always, which gave its votes there, always in proximity, with close relations - I'm saying that because I'm a nice guy - but I really mean continuous relations with the mafia; fascist means mafioso, right? (Applause.) We should ... we must ... take care to identify whoever's voted fascist, it doesn't interest theA.N., etcetera, we're dealing with fascists. Every one of them is an enemy of the North, remember that well and identify them one by one. I said so, I said so, so we'll do it if they grab the votes, house by house, because we booted out the fascists after the war. (Applause.) Enemies of the North, identify them one by one, house by house, they won't let that riff-raff escape'. A little later in the speech, he said, 'And so we need to pay attention, remember them one by one, remember and tell each other, "I've heard that he votes fascist", let's go and get them, filthy trash. The times are right for that riff-raff. They say that they want to come to Mantua for the Youth Festival. Oh, poor lads, poor fascists; Lombardy's a place for respectable people, but don't tread on our toes, because we'll eat you alive, you fascists, rotten, stinking fascists. So, just to make it clear, this is what we saw: the regime fell and three days later ... they'd better be really quiet, those fascists, if they don't want serious problems ... if there are ... here ... the fascists should know that Naples and beyond is where they belong. They'd better not get it wrong, we're wild beasts when there are fascists around, we're wild beasts (applause) even if they're camouflaged, even if they're Fini's followers, or whatever you want to call them, we become beasts, right, because we know them well, those mafia forces, right?'
Article 414 of the Italian Criminal Code provides for a prison sentence of between one and five years for anyone who publicly incites others to commit one or more crimes and for anyone who publicly justifies one or more crimes.
The criminal acts referred to above are included among crimes against public order, such as various forms of association to commit crimes, and the destruction and plundering of, and attacks on, installations of public utility.
On 1995 Mr Bossi was member of the Italian Parliament as well.
So, for the same facts, the Chamber of Deputies, at the sitting of 20 January 1998, approved the report by the Commission for the Authorisation of Judicial Proceedings, since it considered that the acts with which Mr Bossi is charged are not covered by parliamentary privilege, pursuant to Article 68 of the Constitution.
II. 2. 2. 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.
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. 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.
II. 2. 3. Conclusion
On the basis of the above considerations and pursuant to Article 7(2) of the Rules of Procedure, after consideration the reasons for and against defending the Member's immunity, the Committee on Legal Affairs recommends that the European Parliament should defend the Parliamentary immunity of Mr Umberto Bossi.
II. 3. MILAN MAGISTRATES' COURT
II. 3. 1. Facts of the case
Mr Bossi is charged with the offences set out in Articles 110, 337 and 339 of the Criminal Code, in that each of them, acting in complicity and with each other’s moral support and material assistance and that of other, unidentified persons, thereby reinforcing each others' criminal intentions and engendering the material conditions for the offence to be committed, used violence against, and threatened, officers of the state police, namely the Verona and Milan general investigations and special operations division (DIGOS ) and the Milan general crime prevention office, who were conducting a search of the premises of the Milan headquarters of the Lega Nord, ordered by the Verona Public Prosecutor, in Milan on 18 September 1996.
In the course of that police operation, inter alia, the officers were pushed, pulled, kicked and punched. Some of them were also injured.
In particular Mr Bossi violently tugged an Inspector's uniform, tearing off his jacket and tunic.
He also insulted, with other people, the officers of the state police in the course of the search referred to above under (A), railing against them as ‘fascists’, ‘mafiosi’, ‘Pinochet’.
At that time Mr Bossi was member of the Italian Parliament.
After a first decision, taken by the Chamber of Deputies (on 16 March 1999), that the facts at issue in the criminal proceedings pending before the Magistrate's Court in Milan, were covered by Italian parliamentary privilege, the Constitutional Court, as the outcome of a conflict of powers, between the Parliament and the Court of Appeal of Milan, pursuant to Article 68(1) of the Constitution, annulled that decision finding that insults and acts of resistance and violence are in no way acts to which parliamentary privilege may apply[2].
II. 3. 2. Applicable provisions
Under the PPI, Members of Parliament are protected from any legal proceedings in respect of opinions expressed or cast in the performance of their duties (Article 9) and they enjoy immunity during the sessions of the European Parliament under the conditions laid down in Article 10.
In the present case only Article 10 a) can be applied:
‘During the sessions of the European Parliament, its members shall enjoy:
(a) in the territory of their own Member State, the immunities accorded to members of their parliament.
Article 10 remits to national law and therefore to national immunity arrangements in Italy. Article 68, first paragraph, of the Italian Constitution provides for uncensurabiliy of Members of Parliament, who may not be called to answer opinions expressed and votes cast in the performance of their duties. Inviolability is established in the second and third paragraphs of Article 68 of the Constitution.
In the case in point the second paragraph of article 68 shall be applied: "Without authorization from the House to which they belong, no member of Parliament may be subjected to a personal search or have their domicile searched, neither may they be arrested or otherwise deprived of personal freedom, or kept in detention, except to enforce a final conviction, or if caught in the act of committing a crime for which arrest is mandatory ".
The Committee on Legal Affairs considers that it appears that Members of the Italian Parliament do not enjoy Parliamentary immunity in respect of legal proceedings in such circumstances.
II. 3. 3. Conclusion
On the basis of the above considerations and pursuant to Article 7(2) of the Rules of Procedure, after consideration the reasons for and against defending the Member's immunity, the Committee on Legal Affairs recommends that the European Parliament should not defend the Parliamentary immunity of Mr Umberto Bossi.
1. PROCEDURE
|
Title |
Request for defence of the immunity and privileges of Umberto Bossi | ||||||
|
Procedure number |
|||||||
|
Request for defence of immunity |
| ||||||
|
Committee responsible |
JURI | ||||||
|
Basis in Rules of Procedure |
Rules 6(3) and 7 | ||||||
|
Rapporteur |
Diana Wallis | ||||||
|
Previous rapporteur |
| ||||||
|
Discussed in committee |
21.9.2004 |
30.11.2004 |
20.1.2005 |
30.3.2005 |
21.6.2005 | ||
|
Date adopted |
21.6.2005 | ||||||
|
Result of final vote
|
for: against: |
8 | |||||
|
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 | ||||||
|
Substitutes present for the final vote |
Manuel Medina Ortega | ||||||
|
Substitutes under Rule 178(2) present for the final vote |
| ||||||
|
Date tabled – A6 |
0.0.0000 |
A6-0000/2005 | |||||
2. PROCEDURE
|
Title |
Request for defence of the immunity and privileges of Umberto Bossi | ||||||
|
Procedure number |
|||||||
|
Request for defence of immunity |
| ||||||
|
Committee responsible |
JURI | ||||||
|
Basis in Rules of Procedure |
Rules 6(3) and 7 | ||||||
|
Rapporteur |
Diana Wallis | ||||||
|
Previous rapporteur |
| ||||||
|
Discussed in committee |
21.9.2004 |
30.11.2004 |
20.1.2005 |
30.3.2005 |
21.6.2005 | ||
|
Date adopted |
21.6.2005 | ||||||
|
Result of final vote
|
for: against: |
8 | |||||
|
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 | ||||||
|
Substitutes present for the final vote |
Manuel Medina Ortega | ||||||
|
Substitutes under Rule 178(2) present for the final vote |
| ||||||
|
Date tabled – A6 |
0.0.0000 |
A6-0000/2005 | |||||
3. PROCEDURE
|
Title |
Request for defence of the immunity and privileges of Umberto Bossi | ||||||
|
Procedure number |
|||||||
|
Request for defence of immunity |
| ||||||
|
Committee responsible |
JURI | ||||||
|
Basis in Rules of Procedure |
Rules 6(3) and 7 | ||||||
|
Rapporteur |
Diana Wallis | ||||||
|
Previous rapporteur |
| ||||||
|
Discussed in committee |
21.9.2004 |
30.11.2004 |
20.1.2005 |
30.3.2005 |
21.6.2005 | ||
|
Date adopted |
21.6.2005 | ||||||
|
Result of final vote
|
for: against: |
12 | |||||
|
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 | ||||||
|
Substitutes present for the final vote |
Manuel Medina Ortega | ||||||
|
Substitutes under Rule 178(2) present for the final vote |
| ||||||
|
Date tabled – A6 |
22.6.2005 |
A6-0210/2005 | |||||