EN Official Journal of the European Union CE 308/90

Tuesday 7 September 2010

Request for the waiver of the parliamentary immunity of Mr Viktor Uspaskich

P7_TA(2010)0296

European Parliament decision of 7 September 2010 on the request for waiver of the immunity of Viktor Uspaskich (2009/2147(IMM))

2011/C 308 E/19

The European Parliament,

having regard to the request for waiver of the immunity of Viktor Uspaskich, forwarded by the Lithuanian judicial authorities on 14 July 2009 and announced in plenary sitting on 7 October 2009,

having heard Viktor Uspaskich, in accordance with Rule 7(3) of its Rules of Procedure,

having regard to Article 8 and 9 of Protocol (No 7) on the Privileges and Immunities of the European Union annexed to the Treaties,

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

having regard to Article 62 of the Constitution of the Republic of Lithuania,

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

having regard to the report of the Committee on Legal Affairs (A7-0244/2010),

A. whereas criminal proceedings have been brought against Viktor Uspaskich, Member of the European Parliament, who is accused in the proceedings pending in the Vilnius Regional Court of criminal offences under Article 24(4) in conjunction with Article 222(1), Article 220(1), Article 24(4) in conjunction with Article 220(1), Article 205(1) and Article 24(4) in conjunction with Article 205(1) of the Lithuanian Criminal Code,

B. whereas, according to Article 9 of the Protocol on the Privileges and Immunities of the European Union, 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 found 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 the charges brought against Mr Uspaskich do not relate to opinions expressed or votes cast in the performance of his duties as a Member of the European Parliament,

D. whereas, according to Article 62 of the Constitution of the Republic of Lithuania, a Member of the national Parliament (the Seimas) may not be held criminally liable, arrested, nor may his freedom be otherwise restricted without the consent of the Seimas,

E. whereas Article 62 goes on to provide that a Member of the Seimas may not be persecuted for his voting or his speeches at the Seimas, although he may be held liable according to the general procedure for personal insult or slander,

F. whereas Mr Uspaskich is essentially charged with offences of false accounting in relation to the financing of a political party during a period prior to his election to the European Parliament,

G. whereas no cogent evidence has been adduced as to the existence of any fumus persecutionis and the offences with which Mr Uspaskich is charged have nothing to do with his activities as a Member of the European Parliament,

H. whereas it is therefore appropriate to waive his immunity,

1. Decides to waive the immunity of Viktor Uspaskich;

2. Instructs its President to forward this decision, and the report of the committee responsible, immediately to the appropriate authority of the Republic of Lithuania.

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