European Parliament decision on the request for defence of the immunity and privileges of Umberto Bossi (2004/2101(IMM))
Date: 2005-07-05
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Italy, Member of the European Parliament, criminal procedure, parliamentary immunity, political morality

C 157 E/70

Tuesday 5 July 2005

Official Journal of the European Union

EN

6.7.2006

B.

whereas Members of the European Parliament may not be subject to any form of inquiry, detention or
legal proceedings in respect of opinions expressed or votes cast by them in the performance of their
duties (1),

1.

Decides to defend the immunity and privileges of Umberto Bossi;

2.
Proposes, pursuant to Article 9 of the above-mentioned Protocol and having regard to the proceedings
of the relevant Member State, to declare that the proceedings in question should not be continued; therefore
calls on the Court to draw the appropriate conclusions;

Instructs its President immediately to forward this decision and the report of the committee respon-

3.
sible to the Brescia District Court.

(1) Article 9 of the Protocol on the Privileges and Immunities of the European Communities.

2.
European Parliament decision on the request for defence of the immunity and privileges of
Umberto Bossi (2004/2101(IMM))

The European Parliament,

— having regard to the request by a barrister acting for Mr Umberto Bossi, for defence of his immunity
in connection with criminal proceedings pending before the Bergamo District Court, of 7 May 2004,
announced in plenary sitting on 22 July 2004,

— 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 (A6-0210/2005),

A. whereas Umberto Bossi was a Member of the European Parliament in the fourth legislative term (start
of mandate on 19 July 1994, mandate verified on 15 November 1994, mandate expired on 19 July
1999) and in the fifth legislative term (start of mandate on 20 July 1999, mandate verified on
15 December 1999, mandate expired on 10 June 2001 for incompatibility),

B.

whereas Members of the European Parliament may not be subject to any form of inquiry, detention or
legal proceedings in respect of opinions expressed or votes cast by them in the performance of their
duties (2),

1.

Decides to defend the immunity and privileges of Umberto Bossi;

2.
Proposes, pursuant to Article 9 of the above-mentioned Protocol and having regard to the proceedings
of the relevant Member State, to declare that the proceedings in question should not be continued; therefore
calls on the Court to draw the appropriate conclusions;

Instructs its President immediately to forward this decision and the report of the committee respon-

3.
sible to the Bergamo District Court.

(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) Article 10(a) of the Protocol on the Privileges and Immunities of the European Communities.