REPORT on amendments to Parliament’s Rules of Procedure concerning Rule 7 on defence of privileges and immunity and Rule 9 on procedures on immunity

12.1.2023 - (2022/2210(REG))

Committee on Constitutional Affairs
Rapporteur: Gabriele Bischoff

Amendments

• 001-007 (PDF - 95 KB)
• 001-007 (DOC - 27 KB)

PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION

on amendments to Parliament’s Rules of Procedure concerning Rule 7 on defence of privileges and immunity and Rule 9 on procedures on immunity (2022/2210(REG))

The European Parliament,

– having regard to the letters from its President of 9 November and 16 December 2022,

– having regard to Rules 236 and 237 of its Rules of Procedure,

– having regard to the report of the Committee on Constitutional Affairs (A9-0001/2023),

1. Decides to amend its Rules of Procedure as shown below;

2. Decides that the amendments shall enter into force on the day following their adoption;

3. Instructs its President to forward this decision to the Council and the Commission, for information.

 

Amendment  1

Parliament's Rules of Procedure

Rule 7 – paragraph 1

Present text	Amendment
1. In cases where it is alleged that an infringement of the privileges and immunities of a Member or former Member by the authorities of a Member State has occurred or is about to occur, a request for a Parliament decision as to whether those privileges and immunities have been or are likely to be breached may be made in accordance with Rule 9(1).	1. In cases where it is alleged that an infringement of the privileges and immunities of a Member or former Member by the authorities of a Member State or by the European Public Prosecutor’s Office has occurred or is about to occur, a request for a Parliament decision as to whether those privileges and immunities have been or are likely to be breached may be made in accordance with Rule 9(1).

Amendment  2

Parliament's Rules of Procedure

Rule 9 – paragraph 1

Present text	Amendment
1. Any request addressed to the President by a competent authority of a Member State for the immunity of a Member to be waived, or by a Member or a former Member for privileges and immunities to be defended, shall be announced in Parliament and referred to the committee responsible.	1. Any request addressed to the President by a competent authority of a Member State or by the European Chief Prosecutor for the immunity of a Member to be waived, or by a Member or a former Member for privileges and immunities to be defended, shall be announced in Parliament and referred to the committee responsible.

 

Amendment  3

Parliament's Rules of Procedure

Rule 9 – paragraph 5

Present text	Amendment
5. The committee may ask the authority concerned to provide any information or explanation which the committee deems necessary in order for it to form an opinion on whether immunity should be waived or defended.	5. The committee may ask the authority of the Member State concerned or, as the case may be, the European Chief Prosecutor to provide any information or explanation, which the committee deems necessary in order for it to form an opinion on whether immunity should be waived or defended.

Amendment  4

Parliament's Rules of Procedure

Rule 9 – paragraph 8

Present text	Amendment
8. The committee may offer a reasoned opinion as to the competence of the authority in question and the admissibility of the request, but shall not, under any circumstances, pronounce on the guilt, or otherwise, of the Member, nor shall it pronounce on whether or not the opinions or acts attributed to the Member justify prosecution, even if the committee, in considering the request, acquires detailed knowledge of the facts of the case.	8. The committee may offer a reasoned opinion as to the competence of the authority of the Member State concerned or, as the case may be, the European Chief Prosecutor and the admissibility of the request, but shall not, under any circumstances, pronounce on the guilt, or otherwise, of the Member, nor shall it pronounce on whether or not the opinions or acts attributed to the Member justify prosecution, even if the committee, in considering the request, acquires detailed knowledge of the facts of the case.

Amendment  5

Parliament's Rules of Procedure

Rule 9 – paragraph 10

Present text	Amendment
10. The President shall immediately communicate Parliament's decision to the Member concerned and to the competent authority of the Member State concerned, with a request that the President be informed of any developments and judicial rulings in the relevant proceedings. When the President receives this information, he or she shall transmit it to Parliament in the way he or she considers most appropriate, if necessary after consulting the committee responsible.	10. The President shall immediately communicate Parliament's decision to the Member concerned and to the competent authority of the Member State concerned or, as the case may be, to the European Chief Prosecutor, with a request that the President be informed of any developments and judicial rulings in the relevant proceedings. When the President receives this information, he or she shall transmit it to Parliament in the way he or she considers most appropriate, if necessary after consulting the committee responsible.

Amendment  6

Parliament's Rules of Procedure

Rule 9 – paragraph 12

Present text	Amendment
12. Parliament shall only examine requests for the waiver of a Member's immunity that have been transmitted to it by the judicial authorities or by the Permanent Representations of the Member States.	12. Parliament shall only examine requests for the waiver of a Member's immunity that have been transmitted to it by the judicial authorities or by the Permanent Representations of the Member States or, as the case may be, by the European Chief Prosecutor.

Amendment  7

Parliament's Rules of Procedure

Rule 9 – paragraph 14

Present text	Amendment
14. Any inquiry as to the scope of Members' privileges or immunities made by a competent authority shall be dealt with in accordance with the above rules.	14. Any inquiry as to the scope of Members' privileges or immunities made by a competent authority of a Member State or, as the case may be, by the European Public Prosecutor’s Office shall be dealt with in accordance with the above rules.

 

 

EXPLANATORY STATEMENT

The Rules of Procedure need to be modified in order to bring them in line with Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’)[1]. Art. 29(2) of that Regulation provides that, where the investigations of the EPPO involve persons protected by privileges or immunities under the Union law, the European Chief Prosecutor has to make the request for their lifting. Since the Rules of Procedure do not provide for this possibility, they must be aligned with that provision.

With regard to the request for lifting the immunity, the European Chief Prosecutor needs to be included into the relevant provisions of Rule 9, which is the objective of amendments 2 to 6. However, amendments 1 and 7 have a broader scope, since they deal with a possible infringement of Members’ immunities and an inquiry on the scope of Members' immunities. For those two amendments, a more general reference to the European Public Prosecutor’s Office thus seems to be appropriate.

INFORMATION ON ADOPTION IN COMMITTEE RESPONSIBLE

Date adopted	12.1.2023
Result of final vote	+: –: 0:	23 0 0
Members present for the final vote	Gabriele Bischoff, Leila Chaibi, Gwendoline Delbos-Corfield, Daniel Freund, Esteban González Pons, Sandro Gozi, Brice Hortefeux, Laura Huhtasaari, Zdzisław Krasnodębski, Paulo Rangel, Antonio Maria Rinaldi, Helmut Scholz, Pedro Silva Pereira, Loránt Vincze, Rainer Wieland
Substitutes present for the final vote	François Alfonsi, Brando Benifei, Pascal Durand, Angel Dzhambazki, Miapetra Kumpula-Natri, Jaak Madison, Alin Mituța
Substitutes under Rule 209(7) present for the final vote	Lucia Vuolo

 

 

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

23	+
ECR	Angel Dzhambazki, Zdzisław Krasnodębski
ID	Laura Huhtasaari, Jaak Madison, Antonio Maria Rinaldi
PPE	Esteban González Pons, Brice Hortefeux, Paulo Rangel, Loránt Vincze, Lucia Vuolo, Rainer Wieland
Renew	Sandro Gozi, Alin Mituța
S&D	Brando Benifei, Gabriele Bischoff, Pascal Durand, Miapetra Kumpula Natri, Pedro Silva Pereira
The Left	Leila Chaibi, Helmut Scholz
Verts/ALE	François Alfonsi, Gwendoline Delbos Corfield, Daniel Freund

 

0	-

 

0	0

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

• [1] OJ L 283, 31.10.2017, p. 1.