# CE2010067EN.01014801.xml

| 18.3.2010 | EN | Official Journal of the European Union | CE 67/148 |
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18.3.2010

EN

Official Journal of the European Union

CE 67/148

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Request for waiver of the immunity of Miloslav Ransdorf

P6_TA(2009)0035

P6_TA(2009)0035

European Parliament decision of 3 February 2009 on the request for waiver of the immunity of Miloslav Ransdorf (2008/2176(IMM))

(2010/C 67 E/20)

The European Parliament,

The European Parliament

| — | having regard to the request for waiver of the immunity of Miloslav Ransdorf, forwarded by the competent authority of the Czech Republic on 16 June 2008, and announced in plenary sitting on 9 July 2008, |
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having regard to the request for waiver of the immunity of Miloslav Ransdorf, forwarded by the competent authority of the Czech Republic on 16 June 2008, and announced in plenary sitting on 9 July 2008,

| — | having heard Miloslav Ransdorf in accordance with Rule 7(3) of its Rules of Procedure, |
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having heard Miloslav Ransdorf in accordance with Rule 7(3) of its Rules of Procedure,

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

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| — | having regard to Article 27(4) of the Czech Constitution, |
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having regard to Article 27(4) of the Czech Constitution,

| — | having regard to Rules 6(2) and 7 of its Rules of Procedure, |
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having regard to Rules 6(2) and 7 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A6-0008/2009), |
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having regard to the report of the Committee on Legal Affairs (A6-0008/2009),

| A. | whereas Miloslav Ransdorf is a Member of the European Parliament who was elected in the sixth direct elections of 10 to 13 June 2004 and whereas his credentials were verified by Parliament on 14 December 2004 (2), |
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A.

whereas Miloslav Ransdorf is a Member of the European Parliament who was elected in the sixth direct elections of 10 to 13 June 2004 and whereas his credentials were verified by Parliament on 14 December 2004 (2),

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| B. | whereas, according to Article 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, 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; whereas immunity cannot be claimed when a Member is caught in the act of committing an offence; and whereas this does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members, |
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B.

whereas, according to Article 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, 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; whereas immunity cannot be claimed when a Member is caught in the act of committing an offence; and whereas this does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members,

| C. | whereas, according to Article 27(4) of the Czech Constitution, no Member of Parliament or Senator may be criminally prosecuted without the consent of the chamber of which he or she is member and, if the respective chamber denies its consent, criminal prosecution shall be excluded forever, |
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C.

whereas, according to Article 27(4) of the Czech Constitution, no Member of Parliament or Senator may be criminally prosecuted without the consent of the chamber of which he or she is member and, if the respective chamber denies its consent, criminal prosecution shall be excluded forever,

| 1. | Decides to waive the immunity of Miloslav Ransdorf; |
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1.

Decides to waive the immunity of Miloslav Ransdorf;

| 2. | Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authorities of the Czech Republic. |
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2.

Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authorities of the Czech Republic.

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(1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.

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Wagner

Fohrmann and Krier

Wybot

Faure and others

(2)  OJ C 226 E, 15.9.2005, p. 51.

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