European Parliament decision on the request for waiver of the immunity of Marios Matsakis (2004/2194(IMM))
Date: 2005-09-27
Institutions: European Parliament
Subjects: Cyprus, Member of the European Parliament, criminal proceedings, parliamentary immunity, politics

C 227 E/44

EN

Official Journal of the European Union

21.9.2006

Tuesday, 27 September 2005

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 6

Article 3 d (new)

Article 3d

When the first meeting of the Joint Committee provided for
in Article 7(1) of the Agreement is held, the Commission
shall inform the Comorian authorities of the attendance of
shipowners' representatives at subsequent meetings of the
Joint Committee.

P6_TA(2005)0347

Request for waiver of the immunity of Mr Marios Matsakis

European Parliament decision on the request for waiver of the immunity of Marios Matsakis
(2004/2194(IMM))

The European Parliament,

— having regard to the request for waiver of the immunity of Marios Matsakis, forwarded by the
Attorney-General of the Republic of Cyprus on 20 September 2004 and announced in plenary sitting
on 13 October 2004,

— having regard to the letter, announced at the plenary sitting of 14 October 2004, in which Marios
for waiver of his

Matsakis challenged the Attorney-General's authority to make such a request
immunity,

— having regard to the two letters confirming the Attorney-General's authority to make a request for
waiver of the immunity of a Cypriot MEP, sent by the Permanent Representative of the Republic of
Cyprus on 13 October 2004 and on 10 February 2005 to the President of the European Parliament,

— having regard to the letter sent by the President of the Supreme Court of Cyprus on 16 June 2005,

— having heard Marios Matsakis in accordance with Rule 7(3) of its Rules of Procedure,

— having regard to Article 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 Articles 83 and 113 of the Constitution of the Republic of Cyprus,

— having regard to Rules 6(2) and 7, in particular paragraph 4 thereof, of its Rules of Procedure,

— having regard to the report of the Committee on Legal Affairs (A6-0268/2005),

1.
Takes note that, according to Articles 83 and 113 of the Constitution of the Republic of Cyprus, the
Attorney-General of the Republic of Cyprus is the competent authority to present a request for the waiver
of a Member's immunity;

(1) Case 101/63 Wagner v Fohrmann and Krier

[1986] ECR 2391.

[1964] ECR 195 and Case 149/85 Wybot v Faure and others

21.9.2006

EN

Official Journal of the European Union

C 227 E/45

Tuesday, 27 September 2005

2. Decides to waive the immunity of Marios Matsakis subject to the condition that such waiver shall
apply solely to the prosecution proceedings in hand and that, until such time as a final sentence is passed
in those proceedings, Marios Matsakis shall be immune from any form of detention or remand or any
other measure which might prevent him from performing the duties attaching to his mandate as a
Member of the European Parliament;

Instructs its President to forward this decision and the report of its committee responsible to the

3.
Attorney-General of the Republic of Cyprus.

P6_TA(2005)0348

Data retention for combating crime, including terrorism *

European Parliament legislative resolution on the initiative by the French Republic, Ireland, the
Kingdom of Sweden and the United Kingdom for a Draft Framework Decision on the retention of
data processed and stored in connection with the provision of publicly available electronic
communications services or data on public communications networks for the purpose of preven-
tion, investigation, detection and prosecution of crime and criminal offences including terrorism
(8958/2004 — C6-0198/2004 — 2004/0813(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the initiative by the French Republic, Ireland, the Kingdom of Sweden and the United

Kingdom (8958/2004) (1),

— having regard to Article 34(2)(b) of the EU Treaty,

— having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament

(C6-0198/2004),

— having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

— having regard to Rules 93, 51 and 35 of its Rules of Procedure,

— having regard to the report of

the Committee on Civil Liberties,

Justice and Home Affairs

(A6-0174/2005),

1. Rejects the initiative by the French Republic,
Kingdom;

Ireland, the Kingdom of Sweden and the United

2. Calls on the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom to withdraw
their initiative;

Instructs its President to forward its position to the Council and Commission, and the governments of

3.
the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom.

(1) Not yet published in OJ.