European Parliament resolution on a possible infringement of the Protocol on the privileges and immunities of the European Communities by a Member State (2005/2187(INI))
Date: 2005-11-15
Institutions: European Parliament
Subjects: France, Protocol (EU), action for failure to fulfil an obligation, criminal procedure, infringement procedure (EU), parliamentary immunity, political morality

C 280 E/64

Official Journal of the European Union

EN

18.11.2006

Tuesday 15 November 2005

9.
Calls on the Commission to adjust the policy on catches and exports of eel in such a way that enough
glass eels are available for natural migration and enough glass eels are available at a reasonable price for
restocking of natural eel habitats in accordance with sustainable fisheries management in Europe;

Calls on the Commission to propose measures to manage fishing and marketing and to monitor the
10.
quantities of glass eels offered for sale by means of a system of documentation of catches, in order to
combat illegal fishing more effectively, this being responsible for a substantial reduction in young and
adult eel stocks;

Calls on the Commission to make proposals to mitigate the socioeconomic impact of limits on

11.
catches and exports of glass eels;

12.
Calls on the Commission, as soon as possible, to insert in the fisheries budget a separate entry for
cofinancing of the restructuring of inland fisheries in Europe and to mitigate the impact of a change of
policy in the glass eel sector;

Calls on the Commission, after the implementation of the Action Plan, to inform the European

13.
Parliament and Council annually about the progress made and the results achieved per Member State;

14.

Instructs its President to forward this resolution to the Council and Commission.

P6_TA(2005)0426

Privileges and immunities

European Parliament resolution on a possible infringement of the Protocol on the privileges and
immunities of the European Communities by a Member State (2005/2187(INI))

The European Parliament,

— having regard to Article 10 of the Protocol on the privileges and immunities of the European Com-
munities of 8 April 1965, and Article 6(2) of the Act concerning the election of the members of the
European Parliament by direct universal suffrage of 20 September 1976,

— having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964

and 10 July 1986 (1),

— having regard to the requests submitted by Jean-Charles Marchiani for defence of his immunity before

the French courts,

— having regard to its decision of 5 July 2005 (2), in which it decided to defend the immunity of Jean-

Charles Marchiani,

— having regard to Rule 121(2) of its Rules of Procedure,

— having regard to the report of the Committee on Legal Affairs (A6-0316/2005),

A. whereas, by arguing in its Judgment No 1784 of 16 March 2005 that no law or convention, nor any
constitutional principle, allowed it to conclude that Article 100-7, first subparagraph of the French
Code of Criminal Procedure was applicable to Members of the European Parliament, the French
Court of Cassation did not apply Article 10 of the above Protocol, thus denying a Member of the
European Parliament of French nationality the benefit of Article 100-7, first subparagraph of the French
Code of Criminal Procedure enjoyed by national members of parliament,

(1) Case 101/63 Wagner v. Fohrmann and Krier [1964] ECR 383, and Case 149/85 Wybot v. Faure and others [1986]

ECR 2391.

(2) Texts Adopted of that date, P6_TA(2005)0269.

18.11.2006

EN

Official Journal of the European Union

C 280 E/65

Tuesday 15 November 2005

B. whereas in its abovementioned decision of 5 July 2005 Parliament called for the said judgment of
16 March 2005 to be annulled or overturned, and at all events for it to cease to have any practical
or legal effects,

C. whereas, following Parliament's statements drawing attention to the abovementioned decision of 5 July
2005, the Minister of Justice of the French Republic has said that, since the judgment of the Court of
Cassation had become final, no legal action allowed it to be annulled or overturned as requested by
that resolution,

D. whereas the Protocol on the privileges and immunities of the European Communities forms part of

primary Community law,

E. whereas, by refusing to apply Article 100-7 of the French Code of Criminal Procedure to a Member of
the European Parliament of French nationality, the competent French court has infringed primary
Community law,

F.

whereas it is clear from the case-law of the Court of Justice that a Member State may be held respon-
sible for a decision by a national court (1),

G. whereas the Commission has a duty as guardian of the Treaties to initiate proceedings under Arti-

cle 226 of the EC Treaty,

Decides to ask the Commission to initiate proceedings under Article 226 of the EC Treaty against the

1.
French Republic for infringement of primary Community law;

Instructs its President to forward this resolution immediately to the Commission and to the competent

2.
authorities of the French Republic.

(1) Case C-224/01 Köbler v. Republic of Austria [2003] ECR I-10239.

P6_TA(2005)0427

Social dimension of globalisation

European Parliament resolution on the social dimension of globalisation (2005/2061(INI))

The European Parliament,

— having regard to the Commission communication entitled ‘The Social Dimension of Globalisation —

the EU's policy contribution on extending the benefits to all’ (COM(2004)0383),

— having regard to the report of 24 February 2004 of the World Commission on the Social Dimension

of Globalisation (WCSDG), entitled ‘A fair globalisation: creating opportunities for all’,

— having regard to Rule 45 of its Rules of Procedure,

— having regard to the report of the Committee on Employment and Social Affairs and the opinions of

the Committee on Foreign Affairs and of the Committee on Development (A6-0308/2005),

A. whereas although globalisation has many positive aspects and the global market economy, thanks to
the progress of scientific knowledge, has demonstrated great productive capacity, the process of global-
isation is generating major economic and social imbalances both within and between countries, which
is a matter of intense social concern, given the high unemployment and poverty afflicting large sec-
tions of society throughout the world,

B. whereas globalisation increases the gulf between rich and poor, and whereas there is a need to invest
heavily in people at all levels of society and of all ages in order to counteract its negative effects,