EN Official Journal of the European Union C 65/180

P7_TA(2013)0236

Request for the waiver of parliamentary immunity of Jacek Olgierd Kurski

European Parliament decision of 11 June 2013 on the request for waiver of the immunity of Jacek Olgierd Kurski (2013/2019(IMM))

(2016/C 065/26)

The European Parliament,

— having regard to the request for waiver of the immunity of Jacek Olgierd Kurski, forwarded on 16 January 2013 by the Public Prosecutor General of the Republic of Poland, in connection with a request dated 2 January 2013 from the Head of the Prevention Office of the National Police Headquarters acting on the authority of the Chief Inspector of Police, and announced in plenary on 4 February 2013,

— having heard Jacek Olgierd Kurski in accordance with Rule 7(3) of its Rules of Procedure,

— having regard to Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, 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 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010 and 6 September 2011 (1),

— having regard to Article 105 of the Constitution of the Republic of Poland and Articles 7, 7b(1) and 7c, in conjunction with Article 10b, of the Polish Act of 9 May 1996 on the performance of the mandate of deputy or senator,

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

— having regard to the report of the Committee on Legal Affairs (A7-0187/2013),

A. whereas the Public Prosecutor General of the Republic of Poland has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Jacek Olgierd Kurski, in connection with possible legal action concerning an alleged offence;

B. whereas, according to Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Members shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State;

C. whereas Article 105(2) of the Constitution of the Republic of Poland provides that, during the parliamentary term, Members of Parliament may not be subjected to criminal accountability without prior leave granted by Parliament;

D. whereas Jacek Olgierd Kurski is accused of committing a traffic offence under Article 92(1) of the Act of 20 May 1971 establishing a Code of Offences (Polish Journal of Laws 2010 No 46, item 275, as amended);

E. whereas the alleged action does not have a direct, obvious connection with Jacek Olgierd Kurski’s performance of his duties as a Member of the European Parliament or constitute opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

F. whereas the accusation manifestly bears no relation to Jacek Olgierd Kurski’s position as a Member of the European Parliament;

G. whereas there is no reason to suspect the existence of a fumus persecutionis;

1. Decides to waive the immunity of Jacek Olgierd Kurski;

2. Instructs its President to forward this decision and the report of its competent committee immediately to the Public Prosecutor General of the Republic of Poland and to Jacek Olgierd Kurski.

(1) Judgment of 12 May 1964 in Case 101/63, Wagner v Fohrmann and Krier (ECR 1964, p. 195); judgment of 10 July 1986 in Case 149/85, Wybot v Faure and others (ECR 1986, p. 2403); judgment of 15 October 2008 in Case T-345/05, Mote v Parliament (ECR 2008, p. II-2849); judgment of 21 October 2008 in Joined Cases C-200/07 and C-201/07, Marra v De Gregorio and Clemente (ECR 2008, p. I-7929); judgment of 19 March 2010 in Case T-42/06, Gollnisch v Parliament (ECR 2010, p. II-1135); judgment of 6 September 2011 in Case C-163/10, Patriciello (ECR 2011, p. I-7565).