P6_TA(2005)0269

Request for defence of the immunity of Mr Marchiani

European Parliament decision on the request for defence of the immunity and privileges of Jean-Charles Marchiani (2005/2105(IMM))

The European Parliament,

- having regard to the request by Jean-Charles Marchiani for defence of his immunity of 19 May 2005, announced in plenary sitting on 26 May 2005,

- having regard to Articles 9 and 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,

- having regard to Rules 6(3) and 7 of its Rules of Procedure,

- having regard to the report of the Committee on Legal Affairs (A6-0208/2005),

A. whereas Jean-Charles Marchiani was elected to the European Parliament at the fifth direct elections on 13 June 1999, his credentials were verified by Parliament on 15 December 1999 [2] and his term of office ended on 19 July 2004,

B. whereas, during the period in which he was a member of the European Parliament, the French judicial authorities intercepted various telephone conversations between Jean-Charles Marchiani and others;

C. whereas, during European Parliament sessions, members of the European Parliament enjoy, on their national territory, the immunities accorded to members of their national parliament [3];

D. whereas, pursuant to Article 100-7 of the Code of Criminal Procedure of the French Republic, the telephone lines of members of Parliament and of the Senate may not be subject to interception unless the President of the Assembly to which they belong has been informed thereof in advance by the investigating judge,

E. whereas the French Court of Cassation, disregarding the principle of "iura novit curia", failed to apply Article 10 of the aforesaid Protocol in its judgment No 1784 of 16 March 2005, thus denying Jean-Charles Marchiani the immunity accorded to members of the national parliament under Article 100-7 of the Code of Criminal Procedure,

1. Decides to defend the immunity and privileges of Jean-Charles Marchiani, former Member of the European Parliament;

2. Asks for judgment No 1784 of 16 March 2005 of the French Court of Cassation to be annulled or overturned, and at all events for it to cease to have any practical or legal effects;

3. Instructs its President to forward this decision and the report of the committee responsible to the Court of Cassation, the Government, the National Assembly and the Senate of the French Republic.

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

[2] Decision of the European Parliament of 15 December 1999 on the verification of the credentials of Members following the fifth direct elections to the European Parliament on 10 to 13 June 1999 (OJ C 296, 18.10.2000, p. 93).

[3] See Article 10(1)(a) of the Protocol on the privileges and immunities of the European Communities.

--------------------------------------------------