European Parliament decision on the request for waiver of the immunity of Bogdan Golik (2006/2218(IMM))
The European Parliament,
– having regard to the request for waiver of the immunity of Bogdan Golik, forwarded by the Belgian Ministry of Foreign Affairs at the request of the Prosecutor's Office at the Court of Appeal, Brussels on 7 July 2006, and announced in plenary sitting on 4 September 2006,
– having heard Bogdan Golik in accordance with Rule 7(3) of its Rules of Procedure, who requested that his immunity be waived,
– having regard to Article 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 judgments of 12 May 1964 and 10 July 1986(1) of the Court of Justice of the European Communities,
– having regard to Rules 6(2) and 7 of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A6-0317/2006),
A. whereas Bogdan Golik was elected to the European Parliament in the sixth elections held on 10 to 13 June 2004, and whereas his credentials were verified by Parliament on 14 December 2004,
B. whereas Bogdan Golik enjoys, in the territory of Member States other than his own, immunity from any measure of detention and from legal proceedings under Article 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965,
C. whereas Bogdan Golik enjoyed that immunity at the material time since Parliament was in session, in accordance with the case-law of the Court of Justice cited above,
1. Decides to waive the immunity of Bogdan Golik, subject to the proviso that, until such time as final sentence, if any, is passed, Bogdan Golik should be immune from any form of detention or remand or any other measure which prevents him from performing the duties proper to his mandate;
2. Instructs its President to forward this decision, and the report of the committee responsible, immediately to the appropriate authority of the Kingdom of Belgium.