European Parliament decision of 25 October 2016 on the request for defence of the privileges and immunities of Jane Collins (2016/2087(IMM))
Date: 2016-10-25
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Member of the European Parliament, civil procedure, defamation, parliamentary immunity








C_2018215EN.01024501.xml










19.6.2018   


EN


Official Journal of the European Union


C 215/245





P8_TA(2016)0396
Request for defence of the privileges and immunities of Jane Collins
European Parliament decision of 25 October 2016 on the request for defence of the privileges and immunities of Jane Collins (2016/2087(IMM))
(2018/C 215/37)

The European Parliament,






—


having regard to the request by Jane Collins of 3 May 2016, announced in plenary on 11 May 2016, for the defence of her privileges and immunities in connection with civil proceedings against her before the Queen’s Bench Division of the High Court in London (Claim No HQ14DO4882),










—


having heard James Carver, who represented Jane Collins, in accordance with Rule 9(5) of its Rules of Procedure,










—


having regard to Articles 7, 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 Rule 5(2) and Rules 7 and 9 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A8-0297/2016),










A.


whereas Jane Collins has requested the defence of her parliamentary privileges and immunities in connection with civil proceedings against her before the Queen’s Bench Division of the High Court in London;










B.


whereas, firstly, the request concerns the defence of the right of Members of the European Parliament, under Article 7 of the Protocol, not to be subject to administrative or other restrictions on their free movement when travelling to or from the European Parliament;










C.


whereas this part of the request relates to the fact that Jane Collins has allegedly been prevented from travelling to parliamentary meetings by the scheduling of the court proceedings being brought against her;










D.


whereas, however, Article 7 of the Protocol does not apply to restrictions arising out of legal proceedings, as those are covered by the specific rules contained in Articles 8 and 9 of the Protocol (2), and the request for defence of parliamentary privilege is therefore inadmissible in respect of Article 7 of the Protocol;










E.


whereas, secondly, the request concerns the defence of the freedom of Members of the European Parliament, under Article 8 of the Protocol, from any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties;










F.


whereas this part of the request relates to the fact that Jane Collins is subject to a civil claim in the United Kingdom for damages, including aggravated damages, for alleged libel and slander, as well as to a claim for an injunction against her to desist from repeating the contested statements;










G.


whereas the claim of libel and slander concerns accusations which Jane Collins made at a party conference;










H.


whereas the parliamentary immunity conferred by Article 8 of the Protocol applies to opinions expressed by Members of the European Parliament only in the performance of their duties;










I.


whereas statements made by Members of the European Parliament outside the precincts of the European Parliament are considered to be made in the performance of their duties only if they amount to a subjective appraisal having a direct, obvious connection with the performance of those duties (3);










J.


whereas, however, there is no direct, obvious connection between the contested statements and Jane Collins’s duties as a Member of the European Parliament, as they do not relate to her activity as a Member of the European Parliament or to the policies of the European Union, and were made in the context of national political debate;










K.


whereas the contested statements are, therefore, not covered by Article 8 of the Protocol;












1.


Decides not to defend the privileges and immunities of Jane Collins;












2.


Instructs its President to forward this decision and the report of its committee responsible immediately to the authorities of the United Kingdom, including to the Honourable Mr Justice Warby.






(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)  Judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440, paragraphs 49 and 51.

(3)  Judgment of the Court of Justice of 6 September 2011, Patriciello, C 163/10, ECLI: EU:C:2011:543.