Index 
Texts adopted
Wednesday, 17 June 2020 - Brussels
Establishment of a framework to facilitate sustainable investment ***II
 Community statistics on migration and international protection ***II
 Request for waiver of the immunity of Gunnar Beck
 Request for waiver of the immunity of Guy Verhofstadt

Establishment of a framework to facilitate sustainable investment ***II
PDF 117kWORD 42k
European Parliament legislative resolution of 17 June 2020 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (05639/2/2020 – C9-0132/2020 – 2018/0178(COD))
P9_TA(2020)0130A9-0107/2020

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (05639/2/2020 – C9-0132/2020),

–  having regard to the opinion of the European Economic and Social Committee of 17 October 2018(1),

–  having regard to the opinion of the Committee of the Regions of 5 December 2018(2),

–  having regard to its position at first reading(3) on the Commission proposal to Parliament and the Council (COM(2018)0353),

–  having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

–  having regard to the provisional agreement approved by the committees responsible under Rule 74(4) of its Rules of Procedure,

–  having regard to Rule 67 of its Rules of Procedure,

–  having regard to the joint deliberations of the Committee on Economic and Monetary Affairs and the Committee on the Environment, Public Health and Food Safety under Rule 58 of the Rules of Procedure,

–  having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs and the Committee on the Environment, Public Health and Food Safety (A9-0107/2020),

1.  Approves the Council position at first reading;

2.  Notes that the act is adopted in accordance with the Council position;

3.  Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

4.  Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

5.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(1) OJ C 62, 15.2.2019, p. 103.
(2) OJ C 86, 7.3.2019, p. 24.
(3) Texts adopted of 28.3.2019, P8_TA(2019)0325.


Community statistics on migration and international protection ***II
PDF 116kWORD 42k
European Parliament legislative resolution of 17 June 2020 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection (15300/1/2019 – C9-0102/2020 – 2018/0154(COD))
P9_TA(2020)0131A9-0108/2020

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (15300/1/2019 – C9‑0102/2020),

–  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2018)0307),

–  having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

–  having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,

–  having regard to Rule 67 of its Rules of Procedure,

–  having regard to the recommendation for second reading of the Committee on Civil Liberties, Justice and Home Affairs (A9-0108/2020),

1.  Approves the Council position at first reading;

2.  Notes that the act is adopted in accordance with the Council position;

3.  Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

4.  Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

5.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(1) Texts adopted of 16.4.2019, P8_TA(2019)0359.


Request for waiver of the immunity of Gunnar Beck
PDF 123kWORD 45k
European Parliament decision of 17 June 2020 on the request for waiver of the immunity of Gunnar Beck (2019/2154(IMM))
P9_TA(2020)0132A9-0036/2020

The European Parliament,

–  having regard to the request for waiver of the immunity of Gunnar Beck, forwarded on 29 October 2019 by the German Federal Ministry of Justice and Consumer Protection in connection with Procedure No 80 AR 137/19 and announced in plenary on 25 November 2019,

–  having heard Gunnar Beck in accordance with Rule 9(6) of its Rules of Procedure,

–  having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union and to 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 the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17 January 2013 and 30 April 2019(1),

–  having regard to Article 46 of the Constitution of the Federal Republic of Germany,

–  having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A9-0036/2020),

A.  whereas the Düsseldorf Chief Public Prosecutor has requested the waiver of the immunity of Gunnar Beck, Member of the European Parliament, in connection with a possible investigation into the alleged misuse of titles, a crime established and punishable under Section 132a (1)(1) of the German Criminal Code;

B.  whereas the investigation does not concern opinions expressed or votes cast by Gunnar Beck in the performance of his duties, in accordance with Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

C.  whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament enjoy, in the territory of their own state, the immunities accorded to members of the parliament of that state;

D.  whereas on the ballot paper for the election of Members of the European Parliament of 26 May 2019, Gunnar Beck was listed as ‘Prof. Dr. Gunnar Beck, Hochschuldozent [university lecturer], Barrister-at-Law für EU-Recht [for EU law], Neuss (NW)’; whereas in 1996 Gunnar Beck was awarded a Doctorate in Philosophy in Oxford, Great Britain, while in Germany he obtained the title of neither professor nor doctor; whereas before the constituent part-session of the European Parliament, the Düsseldorf Public Prosecutor’s Office launched an investigation on the basis of press reports and criminal complaints into suspected misuse of a title under Section 132a(1)(1) of the German Criminal Code; whereas shortly after 5 July 2019 and presumably on 9 July 2019, the investigation was suspended as a result of the election of Gunnar Beck to the European Parliament; whereas on 4 September 2019 the Düsseldorf Chief Public Prosecutor forwarded a request for the waiver of Gunnar Beck’s immunity to the German Federal Ministry of Justice and Consumer Protection with a view to relaunching the investigation into suspected misuse of a title under Section 132a(1)(1) of the German Criminal Code;

E.  whereas pursuant to Rule 9(8) of the Rules of Procedure, the Committee on Legal Affairs ‘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’;

F.  whereas in accordance with Rule 5(2) of the Rules of Procedure, parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole and of its Members;

G.  whereas the purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties;

H.  whereas in this case, Parliament has found no evidence of fumus persecutionis, i.e. factual elements which indicate that the intention underlying the legal proceedings may be to damage a Member’s political activity, and thus the European Parliament;

1.  Decides to waive the immunity of Gunnar Beck;

2.  Instructs its President to forward this decision and the report of its committee responsible immediately to the German authorities and to Gunnar Beck.

(1) Judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI:EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23; judgment of the General Court of 30 April 2019, Briois v Parliament, T-214/18, ECLI:EU:T:2019:266.


Request for waiver of the immunity of Guy Verhofstadt
PDF 126kWORD 46k
European Parliament decision of 17 June 2020 on the request for waiver of the immunity of Guy Verhofstadt (2019/2149(IMM))
P9_TA(2020)0133A9-0037/2020

The European Parliament,

–  having regard to the request for waiver of the immunity of Guy Verhofstadt, submitted on 15 October 2019 by the Fifth Criminal Division of Warsaw-Śródmieście District Court, in connection with pending criminal proceedings further to civil proceedings brought before the same court (ref. X K 7/18), and announced in plenary on 13 November 2019,

–  having heard Guy Verhofstadt in accordance with Rule 9(6) of its Rules of Procedure,

–  having regard to Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union 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 the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17 January 2013 and 30 April 2019(1),

–  having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A9-0037/2020),

A.  whereas the Fifth Criminal Division of Warsaw‑Śródmieście District Court‑, in Poland, has submitted a request for waiver of the parliamentary immunity of Guy Verhofstadt on the grounds of certain statements made by the latter on 15 November 2017 during a plenary debate at the European Parliament in Strasbourg; whereas the grounds for the order of the District Court state that, as it is for the applicant to obtain authorisation to commence proceedings, ‘in this situation the Public Prosecutor’s Office should be considered the relevant authority’, that ‘if the public prosecutor does not intervene in the proceedings and the Court refuses to request that the immunity in question be waived’, the civil applicant ‘is deprived of the possibility of exercising his rights against persons protected by the immunity of the European Parliament’ and that the provision in question [Rule 9(12) of its Rules of Procedure] ‘does not provide that the Court should draft such a request, but merely that it should transmit it. Thus, the request for the waiver of parliamentary immunity in itself constitutes a purely formal transmission of a request’ from the civil applicant; noting therefore that the request for waiver of parliamentary immunity was communicated by the judicial authorities in accordance with Rule 9(12) of its Rules of Procedure, but drawing attention to the fact that, under Rule 9(1) of its Rules of Procedure, any request for waiver of parliamentary immunity must be submitted by ‘a competent authority of a Member State’, the two concepts not being identical;

B.  whereas Guy Verhofstadt has been accused, in civil proceedings brought before the said court by the authorised representative of a private applicant, of having rashly insulted that private applicant; whereas in statements that he made during a plenary debate on the state of the rule of law and democracy in Poland and which were disseminated by the media, Guy Verhofstadt described the participants in the Independence March in Warsaw in 2017 as ‘fascists, neo-Nazis and white supremacists’; whereas the applicant was among the participants in that march;

C.  whereas, in making those comments, Guy Verhofstadt allegedly publicly insulted the applicant in his absence and allegedly made accusations against the applicant which damaged his public reputation, as a result which the applicant considered himself to be in danger of forfeiting the trust necessary for the performance of duties, the exercise of a profession or engagement in a type of activity, which is an offence defined in Article 216(2) in conjunction with Article 212(2) in conjunction with Article 11(2) of the Polish Criminal Code;

D.  whereas parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole and of its Members;

E.  whereas, firstly, Parliament cannot be equated with a court, and, secondly, in the context of a procedure for the waiver of immunity, a Member of the European Parliament cannot be regarded as an ‘accused’(2);

F.  whereas Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union stipulates that 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;

G.  whereas Guy Verhofstadt made his statements during a plenary session of the European Parliament, within the precincts where the plenary sitting itself was being conducted, in the performance of his duties as a Member of the European Parliament;

H.  whereas the statements by Guy Verhofstadt were therefore made in the context of his duties as a Member of and his work at the European Parliament;

1.  Decides not to waive the immunity of Guy Verhofstadt;

2.  Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of the Republic of Poland and to Guy Verhofstadt.

(1) Judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23; judgment of the General Court of 30 April 2019, Briois v Parliament, T-214/18, ECLI:EU:T:2019:266.
(2) Judgment of the Court (Grand Chamber) of 19 December 2019, Oriol Junqueras Vies, C-502./19, ECLI:EU:C:2019:1115.

Legal notice - Privacy policy