Keywords

Summary



Keywords

1 . PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES - MEMBERS OF THE EUROPEAN PARLIAMENT - IMMUNITY ' DURING THE SESSIONS OF THE ASSEMBLY ' - MEANING OF THE TERM ' SESSION ' - INTERPRETATION - REFERENCE TO NATIONAL LAW - NOT PERMISSIBLE

( PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES , ART . 10 )

2 . EUROPEAN PARLIAMENT - ANNUAL SESSIONS - DURATION - DETERMINATION - POWER TO ADOPT RULES FOR ITS OWN INTERNAL ORGANIZATION

( ECSC TREATY , ARTS 22 AND 25 ; EEC TREATY , ARTS 139 AND 142 ; EAEC TREATY , ARTS 109 AND 112 ; MERGER TREATY , ART . 27 )

3 . PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES - MEMBERS OF THE EUROPEAN PARLIAMENT - IMMUNITY ' DURING THE SESSIONS OF THE ASSEMBLY ' - MEANING OF THE TERM ' SESSION '

( ECSC TREATY , ART . 22 ; EEC TREATY , ART . 139 ; EAEC TREATY , ART . 109 ; PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES , ART . 10 )

Summary

1 . FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 10 OF THE PROTOCOL OF 8 APRIL 1965 ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES , UNDER WHICH THE MEMBERS OF THE EUROPEAN PARLIAMENT ENJOY , ' DURING THE SESSIONS OF THE ASSEMBLY . . . IN THE TERRITORY OF THEIR OWN STATE , THE IMMUNITIES ACCORDED TO MEMBERS OF THEIR PARLIAMENT ' , THE DURATION OF SESSIONS OF THE EUROPEAN PARLIAMENT CAN BE DETERMINED ONLY IN THE LIGHT OF COMMUNITY LAW . TO REFER TO NATIONAL LAW IN ORDER TO INTERPRET THE CONCEPT OF A SESSION OF THE EUROPEAN PARLIAMENT WOULD BE INCOMPATIBLE NOT ONLY WITH THE WORDING OF THE PROTOCOL BUT ALSO WITH THE VERY OBJECTIVE OF THAT PROVISION , WHICH IS INTENDED TO ENSURE IMMUNITY FOR THE SAME PERIOD FOR ALL MEMBERS OF THE EUROPEAN PARLIAMENT , WHATEVER THEIR NATIONALITY .

2 . ALTHOUGH UNDER THE FIRST PARAGRAPH OF ARTICLE 22 OF THE ECSC TREATY , THE FIRST PARAGRAPH OF ARTICLE 139 OF THE EEC TREATY AND THE FIRST PARAGRAPH OF ARTICLE 109 OF THE EAEC TREATY , AS AMENDED BY ARTICLE 27 OF THE MERGER TREATY , THE EUROPEAN PARLIAMENT IS TO ' HOLD AN ANNUAL SESSION ' AND ' MEET , WITHOUT REQUIRING TO BE CONVENED , ON THE SECOND TUESDAY IN MARCH ' , NO INDICATION AS TO THE DURATION OF THAT SESSION CAN BE INFERRED , EVEN INDIRECTLY , FROM THE OTHER PROVISIONS OF THE TREATIES CONCERNING THE EUROPEAN PARLIAMENT . IN THE ABSENCE OF ANY PROVISION IN THE TREATIES ON THE SUBJECT , THE DETERMINATION OF THE DURATION OF ITS SESSIONS FALLS WITHIN THE EUROPEAN PARLIAMENT ' S POWER TO ADOPT RULES FOR ITS OWN INTERNAL ORGANIZATION . THE DECISION ON THE DATE OF CLOSURE OF EACH ANNUAL SESSION IS THEREFORE WITHIN ITS DISCRETION .

3 . SINCE THE ACTIVITIES OF THE EUROPEAN PARLIAMENT AND ITS PERMANENT AND TEMPORARY ORGANS GO FAR BEYOND MERELY HOLDING SESSIONS AND CONTINUE THROUGHOUT THE YEAR , AN INTERPRETATION OF THE WORD ' SESSION ' AS USED IN ARTICLE 10 OF THE PROTOCOL OF 8 APRIL 1965 WHICH LIMITED THE IMMUNITY OF MEMBERS TO THE PERIODS WHEN PARLIAMENT WAS ACTUALLY SITTING MIGHT PREJUDICE THE CARRYING ON OF THE PARLIAMENT ' S ACTIVITIES AS A WHOLE . SINCE THE CONSISTENT PRACTICE OF THE PARLIAMENT UNDER WHICH A SESSION LASTS FOR THE WHOLE YEAR AND IS CLOSED ONLY ON THE EVE OF THE OPENING OF A NEW SESSION IS NOT INCOMPATIBLE WITH THE PROVISIONS OF THE TREATIES ON THE SESSIONS OF THE PARLIAMENT OR WITH THE PROTOCOL OF 8 APRIL 1965 , ARTICLE 10 OF THE PROTOCOL MUST BE INTERPRETED AS MEANING THAT THE EUROPEAN PARLIAMENT MUST BE CONSIDERED TO BE IN SESSION , EVEN IF IT IS NOT ACTUALLY SITTING , UNTIL THE DECISION IS TAKEN CLOSING ITS ANNUAL OR EXTRAORDINARY SESSIONS .