European Parliament decision of 17 January 2023 on amendments to Parliament’s Rules of Procedure concerning Rule 7 on defence of privileges and immunity and Rule 9 on procedures on immunity (2022/2210(REG))
Date: 2023-01-17
Institutions: Committee on Constitutional Affairs, European Parliament
Subjects: operation of the Institutions, parliamentary immunity, parliamentary rules of procedure




C_2023214EN.01016701.xml










16.6.2023   


EN


Official Journal of the European Union


C 214/167






P9_TA(2023)0005
Amendments to Parliament’s Rules of Procedure concerning Rule 7 on defence of privileges and immunity and Rule 9 on procedures on immunity
European Parliament decision of 17 January 2023 on amendments to Parliament’s Rules of Procedure concerning Rule 7 on defence of privileges and immunity and Rule 9 on procedures on immunity (2022/2210(REG))
(2023/C 214/15)

The European Parliament,






—


having regard to the letters from its President of 9 November and 16 December 2022,










—


having regard to Rules 236 and 237 of its Rules of Procedure,










—


having regard to the report of the Committee on Constitutional Affairs (A9-0001/2023),












1.


Decides to amend its Rules of Procedure as shown below;












2.


Decides that the amendments shall enter into force on the day following their adoption;












3.


Instructs its President to forward this decision to the Council and the Commission, for information.





Amendment 1


Parliament's Rules of Procedure


Rule 7 — paragraph 1








Present text




Amendment






1.   In cases where it is alleged that an infringement of the privileges and immunities of a Member or former Member by the authorities of a Member State has occurred or is about to occur, a request for a Parliament decision as to whether those privileges and immunities have been or are likely to be breached may be made in accordance with Rule 9(1).




1.   In cases where it is alleged that an infringement of the privileges and immunities of a Member or former Member by the authorities of a Member State 
or by the European Public Prosecutor’s Office
 has occurred or is about to occur, a request for a Parliament decision as to whether those privileges and immunities have been or are likely to be breached may be made in accordance with Rule 9(1).






Amendment 2


Parliament's Rules of Procedure


Rule 9 — paragraph 1








Present text




Amendment






1.   Any request addressed to the President by a competent authority of a Member State for the immunity of a Member to be waived, or by a Member or a former Member for privileges and immunities to be defended, shall be announced in Parliament and referred to the committee responsible.




1.   Any request addressed to the President by a competent authority of a Member State 
or by the European Chief Prosecutor
 for the immunity of a Member to be waived, or by a Member or a former Member for privileges and immunities to be defended, shall be announced in Parliament and referred to the committee responsible.






Amendment 3


Parliament's Rules of Procedure


Rule 9 — paragraph 5








Present text




Amendment






5.   The committee may ask the authority concerned to provide any information or explanation which the committee deems necessary in order for it to form an opinion on whether immunity should be waived or defended.




5.   The committee may ask the authority 
of the Member State
 concerned 
or, as the case may be, the European Chief Prosecutor
 to provide any information or explanation, which the committee deems necessary in order for it to form an opinion on whether immunity should be waived or defended.






Amendment 4


Parliament's Rules of Procedure


Rule 9 — paragraph 8








Present text




Amendment






8.   The committee may offer a reasoned opinion as to the competence of the authority 
in question
 and the admissibility of the request, but shall not, under any circumstances, pronounce on the guilt, or otherwise, of the Member, nor shall it pronounce on whether or not the opinions or acts attributed to the Member justify prosecution, even if the committee, in considering the request, acquires detailed knowledge of the facts of the case.




8.   The committee may offer a reasoned opinion as to the competence of the authority 
of the Member State concerned or, as the case may be, the European Chief Prosecutor
 and the admissibility of the request, but shall not, under any circumstances, pronounce on the guilt, or otherwise, of the Member, nor shall it pronounce on whether or not the opinions or acts attributed to the Member justify prosecution, even if the committee, in considering the request, acquires detailed knowledge of the facts of the case.






Amendment 5


Parliament's Rules of Procedure


Rule 9 — paragraph 10








Present text




Amendment






10.   The President shall immediately communicate Parliament's decision to the Member concerned and to the competent authority of the Member State concerned, with a request that the President be informed of any developments and judicial rulings in the relevant proceedings. When the President receives this information, he or she shall transmit it to Parliament in the way he or she considers most appropriate, if necessary after consulting the committee responsible.




10.   The President shall immediately communicate Parliament's decision to the Member concerned and to the competent authority of the Member State concerned 
or, as the case may be, to the European Chief Prosecutor
, with a request that the President be informed of any developments and judicial rulings in the relevant proceedings. When the President receives this information, he or she shall transmit it to Parliament in the way he or she considers most appropriate, if necessary after consulting the committee responsible.






Amendment 6


Parliament's Rules of Procedure


Rule 9 — paragraph 12








Present text




Amendment






12.   Parliament shall only examine requests for the waiver of a Member's immunity that have been transmitted to it by the judicial authorities or by the Permanent Representations of the Member States.




12.   Parliament shall only examine requests for the waiver of a Member's immunity that have been transmitted to it by the judicial authorities or by the Permanent Representations of the Member States 
or, as the case may be, by the European Chief Prosecutor
.






Amendment 7


Parliament's Rules of Procedure


Rule 9 — paragraph 14








Present text




Amendment






14.   Any inquiry as to the scope of Members' privileges or immunities made by a competent authority shall be dealt with in accordance with the above rules.




14.   Any inquiry as to the scope of Members' privileges or immunities made by a competent authority 
of a Member State or, as the case may be, by the European Public Prosecutor’s Office
 shall be dealt with in accordance with the above rules.