European Parliament decision of 13 September 2016 on the request for waiver of the immunity of István Ujhelyi (2015/2237(IMM))
Date: 2016-09-13
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Member of the European Parliament, criminal proceedings, defamation, parliamentary immunity








C_2018204EN.01020501.xml










13.6.2018   


EN


Official Journal of the European Union


C 204/205





P8_TA(2016)0323
Request for the waiver of immunity of István Ujhelyi
European Parliament decision of 13 September 2016 on the request for waiver of the immunity of István Ujhelyi (2015/2237(IMM))
(2018/C 204/23)

The European Parliament,






—


having regard to the request for waiver of the immunity of István Ujhelyi, by ruling of 26 November 2014 by the Central District Court of Pest (Hungary) in connection with criminal proceedings pending before that court, which was forwarded by the Hungarian Permanent Representative on 15 July 2015, and announced in plenary on 7 September 2015,










—


having heard István Ujhelyi on 28 January 2016 in accordance with Rule 9(5) of its Rules of Procedure,










—


having regard to Articles 8 and 9 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 Article 4(2) of the Fundamental Law of Hungary,










—


having regard to Article 10(2) of the Hungarian Act LVII of 2004 on the Status of the Hungarian Members of the European Parliament,










—


having regard to Articles 74(3) and 79(2) of the Hungarian Act XXXVI of 2012 on the National Assembly,










—


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 (A8-0229/2016),










A.


whereas the Central District Court of Pest has requested the waiver of the parliamentary immunity of a Member of the European Parliament, István Ujhelyi, in connection with proceedings before it;










B.


whereas the request by the court relates to criminal proceedings relating to the crime of defamation in connection with statements made by István Ujhelyi on 25 April 2014 concerning an individual in Hungary;










C.


whereas pursuant to Article 8 of Protocol No 7, 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;










D.


whereas pursuant to Article 9 of Protocol No 7, during the sessions of the European Parliament, its Members shall enjoy, in the territory of their own State, the immunities accorded to members of their parliament;










E.


whereas pursuant to Article 4(2) of the Fundamental Law of Hungary, Members of Parliament shall be entitled to immunity and remuneration to promote their independence;










F.


whereas pursuant to Article 10(1) of the Hungarian Act LVII of 2004 on the Status of the Hungarian Members of the European Parliament, such a Member shall be granted the same degree of immunity as is enjoyed by a Member of the Hungarian Parliament;










G.


whereas pursuant to Article 74(3) of the Hungarian Act XXXVI of 2012 on the National Assembly, a motion to waive immunity shall be submitted to the speaker by the chief prosecutor before the submission of the indictment or by the court after the presentation of the indictment;










H.


whereas pursuant to Article 79(2) of the Hungarian Act XXXVI of 2012 on the National Assembly, a person registered as a candidate in the election of Members shall enjoy the same immunity, so therefore the statements expressed on 25 April 2014 should be covered by the absolute immunity of the Hungarian Parliament, except that any waiver of immunity shall be determined by the National Electoral Committee and any motion for a waiver of immunity shall be submitted to the Chair of the National Electoral Committee;










I.


whereas the statements in question were made on 25 April 2014, at a time when István Ujhelyi was not a Member of the European Parliament, but a Member of the National Parliament;










J.


whereas the charges against István Ujhelyi do not relate to an opinion expressed or vote cast by him in the performance of his duties as a Member of the European Parliament and whereas the absolute immunity in accordance with Article 8 of Protocol No 7 is therefore not applicable;












1.


Decides to waive the immunity of István Ujhelyi;












2.


Instructs its President to forward this decision and the report of its committee responsible immediately to the appropriate authorities in Hungary.






(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.