Rule 176 : Penalties

1.   In serious cases of breach of Rule 10(2) to (9), Rule 35 or Rule 35a, the President shall adopt a reasoned decision imposing upon the Member concerned the appropriate penalty in accordance with this Rule.

In relation to Rule 10 (3) or (4), the President may adopt a reasoned decision under this Rule regardless of whether or not an immediate measure within the meaning of Rule 175 had previously been imposed upon the Member concerned.

In relation to Rule 10 (6), the President may only adopt a reasoned decision under this Rule following the establishment of the occurrence of a harassment in accordance with the applicable internal administrative procedure on harassment and its prevention.

2.   The President may also impose a penalty upon a Member in cases in which provision is made, by these Rules of Procedure, including the Code of Conduct for Members of the European Parliament regarding integrity and transparency (1), or by a decision adopted by the Bureau under Rule 25, for the application of this Rule.

3.   The Member concerned shall be invited by the President to submit written observations before the decision is adopted. The President may decide to convene an oral hearing instead whenever it is more appropriate.

The decision imposing the penalty shall be notified to the Member concerned.

Once the penalty becomes final, it shall be announced by the President in Parliament. The presiding officers of the bodies, committees and delegations on which the Member serves shall be informed.

The penalty imposed shall be published prominently on Parliament’s website and on the Member’s online page on Parliament’s website.

4.   When assessing the conduct observed, account shall be taken of its exceptional, recurrent or permanent nature and of its seriousness. Account shall also be taken, if applicable, of possible damage inflicted on the dignity and reputation of Parliament.

5.   The penalty imposed shall be effective, proportionate and dissuasive. The penalty may consist of one or more of the following measures:

(a)   a reprimand;

(b)   prohibition of the Member from representing the Parliament on an interparliamentary delegation, inter-parliamentary conference or any interinstitutional forum, for up to one year;

(c)   in the case of a breach of confidentiality, a limitation in the rights to access confidential or classified information for up to one year;

(d)   forfeiture of entitlement to the daily subsistence allowance for a period of between two and sixty days;

(e)   without prejudice to the right to vote in plenary, and subject, in this instance, to strict compliance with the Members’ standards of conduct, temporary suspension from participation in all or some of the activities of Parliament for a period of between two and sixty days on which Parliament or any of its bodies, committees or delegations meet.

6.   The measures laid down in paragraph 5, points (b) to (e), may be doubled in the case of repeated breaches, or if the Member refuses to comply with a measure taken under Rule 175(3).

7.   In addition, the President may submit a proposal to the Conference of Presidents for the suspension or removal of the Member from one or more of the offices held by that Member in Parliament, in accordance with the procedure laid down in Rule 21.

8.   The President shall decide on the period of publication of the penalties taking into account that the minimum period of publication shall be, irrespective of the end of the mandate of the Member concerned, as follows:

–   two years for the penalties referred to in paragraph 5, points (a), (b) and (c);

–   three years for the penalties referred to in paragraph 5, points (d) and (e).

However, in cases of minor breaches, the President may decide on a shorter period of publication.