European Parliament decision of 13 November 2014 on the request for waiver of the immunity of Ana Gomes (2014/2045(IMM))
Date: 2014-11-13
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Member of the European Parliament, criminal proceedings, defamation, parliamentary immunity








C_2016285EN.01001901.xml










5.8.2016   


EN


Official Journal of the European Union


C 285/19





P8_TA(2014)0046
Request for waiver of the immunity of Ana Gomes
European Parliament decision of 13 November 2014 on the request for waiver of the immunity of Ana Gomes (2014/2045(IMM))
(2016/C 285/05)

The European Parliament,






—


having regard to the request for waiver of the immunity of Ana Gomes, forwarded on 18 June 2014 by the Deputy Attorney General of the Portuguese Republic in connection with criminal proceedings pending before the second section of the Lisbon Department of Investigation and Criminal Proceedings (ref. NUIPC 8773/13.4TDLSB), and announced in plenary on 3 July 2014,










—


having heard Ana Gomes in accordance with Rule 9(5) of its Rules of Procedure,










—


having regard to Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union, 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 the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013 (1),










—


having regard to Rules 5(2), 6(1) and 9 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A8-0025/2014),










A.


whereas the Deputy Attorney General of the Portuguese Republic has forwarded the request for the waiver of the parliamentary immunity of Ana Gomes, made by a public prosecutor of the Lisbon Department of Investigation and Criminal Proceedings in connection with allegedly defamatory statements made by Ms Gomes during a television debate; whereas the request has been made so that criminal proceedings may be instituted against Ms Gomes and the latter may be questioned in the context of those proceedings;










B.


whereas, according to Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament shall 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;










C.


whereas Rule 6 of its Rules of Procedure stipulates that, in the exercise of its powers in respect of privileges and immunities, Parliament acts to uphold its integrity as a democratic legislative assembly and to secure the independence of its Members in the performance of their duties;










D.


whereas the Court of Justice has recognised that a statement made by a Member beyond the precincts of the European Parliament may constitute an opinion expressed in the performance of their duties as referred to in Article 8 of the Protocol, taking the view that it is not the place where a statement is made that matters, but the nature and content of the statement;










E.


whereas in modern democracies political debate takes place not only in Parliament but also through communications media, ranging from press statements to the Internet;










F.


whereas in the television broadcast in question, Ana Gomes spoke as a Member of the European Parliament to discuss matters in which she had taken an interest at European level, as shown, inter alia, by the questions for written answer to the Commission that she tabled to plenary;










G.


whereas in drawing attention to the decision of the Portuguese Government on the privatisation of the naval shipyards of Viana do Castelo — a decision which also led to an investigation by the European Commission on infringement of the EU rules on state aid —, she was fulfilling her mandate as a Member of the European Parliament;












1.


Decides not to waive the immunity of Ana Gomes;












2.


Instructs its President to forward this decision and the report of the committee responsible immediately to the competent authority of the Portuguese Republic and to Ana Gomes.






(1)  Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C 200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C 163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.