European Parliament decision of 25 March 2015 on the request for waiver of the immunity of Ivan Jakovčić (2014/2169(IMM))
Date: 2015-03-25
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Croatia, Member of the European Parliament, criminal proceedings, defamation, parliamentary immunity








C_2016324EN.01001601.xml










2.9.2016   


EN


Official Journal of the European Union


C 324/16





P8_TA(2015)0084
Request for waiver of the immunity of Ivan Jakovčić
European Parliament decision of 25 March 2015 on the request for waiver of the immunity of Ivan Jakovčić (2014/2169(IMM))
(2016/C 324/03)

The European Parliament,






—


having regard to the request for waiver of the immunity of Ivan Jakovčić, forwarded on 5 September 2014 by the lawyer of the injured party as plaintiff in connection with criminal proceedings pending before the Municipal Court in Pazin (Croatia)(Ref. No K-143/14), and announced in plenary on 23 October 2014,










—


having regard to the letters of the Permanent Representative of the Republic of Croatia to the EU of 14 February 2014 and of 16 January 2015 confirming that, under the relevant provisions of Croatian law, an injured party as plaintiff is allowed to request the waiver of the immunity of a Croatian Member of the European Parliament,










—


having heard Ivan Jakovčić 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 its resolution of 24 April 2009 on parliamentary immunity in Poland (2),










—


having regard to Articles 23 and 28 of the Standing Orders of the Croatian Parliament,










—


having regard to Article 61(1) of the Croatian Criminal Procedure Code,










—


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










—


having regard to the report of the Committee on Legal Affairs (A8-0059/2015),










A.


whereas the lawyer of a private plaintiff has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Ivan Jakovčić, in connection with legal proceedings concerning an alleged offence of defamation;










B.


whereas by letter of 14 February 2014 the Permanent Representative of the Republic of Croatia to the EU informed the President of Parliament that, failing specific procedural rules with regard to the request for waiver of the immunity of Croatian Members of the European Parliament, the provisions governing the requests for waiver of immunity of Members of the national Parliament should apply and that, under those provisions, the request for approval of pre-trial detention (remand) or for initiation of criminal proceedings against a Member may be made by any authorised state body, the injured party as plaintiff or a private plaintiff;










C.


whereas by letter of 16 January 2015 the Permanent Representative of the Republic of Croatia to the EU confirmed that the legal proceedings in connection with which the waiver of Mr Jakovčić’s immunity had been requested were actually pending before the competent court in Croatia;










D.


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










E.


whereas the purpose of this provision is to ensure that Members of the European Parliament enjoy freedom of speech as a matter of principle, but whereas this entitlement to free speech does not authorise slander, libel, incitement to hatred or questioning the honour of others;










F.


whereas the request for waiver relates to criminal proceedings instituted against Mr Jakovčić under Article 147(1) and (2) of the Croatian Criminal Code in connection with defamatory statements that he is alleged to have made in an interview with HRT Croatian Radiotelevision on 22 July 2014;










G.


whereas under Article 61(1) of the Croatian Criminal Procedure Code (Zakon o kaznenom postupku), in the case of private prosecution the private charge must be submitted within three months of the day on which the authorised physical or legal person came to the knowledge of the offence and its perpetrator;










H.


whereas, according to Rule 9(2) of Parliament’s Rules of Procedure, requests for the waiver of immunity must be considered without delay, but with regard to their relative complexity;










I.


whereas Mr Jakovčić was a Member of the European Parliament at the time of the interview; whereas, however, the statements alleged to have been made relate to a matter which dates back to a time when he did not yet hold such office;










J.


whereas, as a consequence, the statements in question do not have a direct and obvious connection with Mr Jakovčić’s performance of his duties as a Member of the European Parliament nor do they constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament within the meaning of Article 8 of Protocol No 7;










K.


whereas Mr Jakovčić cannot, therefore, be deemed to have been acting in the performance of his duties as a Member of the European Parliament;












1.


Considers that the request for the waiver of the immunity of Mr Jakovčić has been submitted by the competent authority within the meaning of Rule 9(1) of the Rules of Procedure and that, on this ground, it is to be deemed admissible; considers, furthermore, that, in the light of Rule 9(2) of its Rules of Procedure, no deadline can be imposed on Parliament for reaching a decision on a request for waiver of immunity;












2.


Decides to waive the immunity of Ivan Jakovčić;












3.


Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of the Republic of Croatia and to Ivan Jakovčić.






(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.

(2)  OJ C 184 E, 8.7.2010, p. 72.