The European Parliament,

−   having received from Francesco Musotto, MEP, a request dated 29 August 2002 for the upholding of his immunity in connection with criminal proceedings brought before an Italian judicial authority, which was announced in plenary session on 2 September 2002,

−   having regard to Article 10 of the Protocol on the privileges and immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act concerning the election of representatives to the European Parliament by direct universal suffrage of 20 September 1976,

−   having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986(1),

−   having regard to Rules 6 and 6a of its Rules of Procedure,

−   having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0248/2003),

A.   whereas Mr Francesco Musotto is a Member of the European Parliament who was elected in the fifth direct elections of 10 to 13 June 1999 and whereas his credentials were verified by the European Parliament on 13 December 1999(2),

B.   whereas the European Parliament meets in continuous session during a five-year term(3),

C.   whereas the present session of the European Parliament will close on 8 March 2004 and the next session will open on 9 March 2004(4), and whereas the term of the present European Parliament will expire on 19 July 2004,

D.   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(5),

E.   whereas during the sessions of the European Parliament its Members enjoy in the territory of their own State the immunities accorded to members of their parliament and whereas immunity cannot be claimed when a Member is found in the act of committing an offence and does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members(6),

F.   whereas, in view of its purpose, Articles 9 and 10 of the Protocol on the privileges and immunities must be interpreted in such a way that these provisions are effective from the time of publication of the results of the elections to the European Parliament,

1.  Decides to uphold the immunity of Francesco Musotto;

2.  Instructs its President immediately to forward this decision and the report of its committee to the Public Prosecutions Department at the court of Caltanissetta in connection with criminal case no 1020/99 R.G.N.R.

(1) See Case 101/63: Wagner v Fohrmann and Krier, English special edition 1964, p. 195, [1964] ECR 397, and Case 149/85: Wybot v Faure [1986] ECR 2403. (2) European Parliament Decision on the verification of credentials following the fifth direct elections to the European Parliament, (OJ C 296, 18.10.2000, p. 93). (3) Articles 3 and 10 of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage and the aforementioned cases 149/85: Wybot v Faure, and others. (4) Article 196 of the EC Treaty. (5) Article 9 of the Protocol on the privileges and immunities. (6) Article 10 of the Protocol on the privileges and immunities.