European Parliament decision on the request for defence of the immunity and privileges of Witold Tomczak (2005/2129(IMM))
Date: 2006-04-04
Institutions: European Parliament
Subjects: Member of the European Parliament, Poland, criminal procedure, parliamentary immunity, privilege, status of the person elected

2.12.2006

EN

Official Journal of the European Union

C 293 E/113

Tuesday 4 April 2006

TEXTS ADOPTED

P6_TA(2006)0117

Request to defend the parliamentary immunity of Witold Tomczak

European Parliament decision on the request for defence of the immunity and privileges of Witold
Tomczak (2005/2129(IMM))

The European Parliament,

— having regard to the request by Witold Tomczak for defence of his immunity in connection with the
criminal proceedings brought against him before the District Court in Ostrów Wielkopolski, Poland,
made on 29 April 2005, announced in plenary sitting on 12 May 2005,

— having heard Witold Tomczak (on 13 July 2005 and 31 January 2006) in accordance with Rule 7(3) of

its Rules of Procedure,

— having regard to the letter of Witold Tomczak, signed on 20 March 2006, in which he expressed the

desire to withdraw the request for defence of his immunity,

— having regard to Articles 8, 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 elec-
tion 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 (A6-0084/2006),

A. whereas Witold Tomczak was elected to the Polish Parliament (Sejm) on 21 September 1997 and on
23 September 2001; whereas after the signature of the Accession Treaty on 16 April 2003 he became
an Observer; whereas he was a Member of the European Parliament from 1 May 2004 until 19 July
2004; whereas he was elected to the European Parliament on 13 June 2004 and his term of office in
the Polish Parliament expired on 16 June 2004,

B. whereas Witold Tomczak is charged with insulting two police officers in the performance of their
duties, in Ostrów Wielkopolski on 26 June 1999, in breach of Article 226(1) of the Polish penal code;
whereas the General Prosecutor applied to the Sejm for waiver of Witold Tomczak's parliamentary
immunity on 13 June 2000; whereas Witold Tomczak agreed on 4 October 2000 to be held liable in
the matter, in accordance with Article 105(4) of the Polish Constitution; whereas after a number of
failures by Witold Tomczak to appear at the hearings, the District Court in Ostrów Wielkopolski
decided on 10 January 2005, in accordance with Article 377(3) of the Polish code of criminal pro-
cedure, to proceed with the trial in absentia;

C. whereas Witold Tomczak informed the Court on 30 April 2005 that he had requested the European
Parliament to defend his immunity; whereas the Court suspended the criminal proceedings on 30 May
2005 and asked the District Prosecutor in Warszawa Praga-Północ to state whether an application for
waiver of Witold Tomczak's immunity would be made; whereas in the opinion of the General Pros-
ecutor's Office such an application is not necessary; whereas the Polish Constitutional Court ruled on
28 November 2001 that a request for waiver of immunity is not necessary in relation to acts com-
mitted before becoming a Member of the Polish Parliament,

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

ECR 2391.

C 293 E/114

Tuesday 4 April 2006

Official Journal of the European Union

EN

2.12.2006

D. whereas Witold Tomczak claims that the Public Prosecutor should have applied to the Polish Parliament
for waiver of his immunity before presenting any charges, and that since he was elected Member of the
European Parliament, he asked that body, and not the Sejm, to assert his immunity,

E. whereas Witold Tomczak complains that the criminal proceedings against him are biased, that political
pressure is being exerted on the judicial authorities, that false evidence is being submitted and that
unreliable witnesses are participating in the trial,

F. whereas, on basis of the information obtained, Witold Tomczak is not protected by parliamentary
immunity in respect of any of the claims which have been drawn to the attention of the President of
the European Parliament,

G. whereas parliamentary immunity constitutes part of the prerogatives of Parliament, and cannot there-
fore be exercised or withdrawn by an individual Member of Parliament but only by the institution as a
whole,

H. whereas, notwithstanding the letter of Witold Tomczak expressing his desire to withdraw the request for
defence of his parliamentary immunity, it is stressed that the case must nevertheless be considered
exhaustively in order to ensure that Parliament's prerogatives have been duly respected,

1.

Decides not to defend the immunity and privileges of Witold Tomczak.

P6_TA(2006)0118

Guidelines for trans-European energy networks ***II

European Parliament legislative resolution on the Council common position for adopting a decision
of the European Parliament and of the Council laying down guidelines for trans-European energy
networks and repealing Decision 96/391/EC and Decision No 1229/2003/EC (10720/1/2005 —
C6-0016/2006 — 2003/0297(COD))

(Codecision procedure: second reading)

The European Parliament,

— having regard to the Council common position (10720/1/2005 — C6-0016/2006),

— having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(2003)0742) (2),

— having regard to the amended Commission proposal (COM(2005)0716) (2),

— having regard to Article 251(2) of the EC Treaty,

— having regard to Rule 62 of its Rules of Procedure,

— having regard to the recommendation for second reading of the Committee on Industry, Research and

Energy (A6-0071/2006),

1.

2.

Approves the common position as amended;

Instructs its President to forward its position to the Council and Commission.

(1) Texts adopted of 7 June 2005, P6_TA(2005)0211.
(2) Not yet published in OJ.