CELEX: 52006DP0117
Language: mt
Date: 2006-04-04 00:00:00
Title: European Parliament decision on the request for defence of the immunity and privileges of Witold Tomczak (2005/2129(IMM))

2.12.2006        MT                           Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea                                    C 293 E/113

                                                                                                            It-Tlieta, 4 ta' April 2006

                                                   TESTI ADOTTATI (1)

            P6_TA(2006)0117

            Request to defend the parliamentary immunity of Witold Tomczak

            European Parliament decision on the request for defence of the immunity and privileges of Witold
                                              Tomczak (2005/2129(IMM))

            The European Parliament,

            — having regard to the request by Witold Tomczak for defence of his immunity in connection with the
              criminal proceedings brought against him before the District Court in Ostrów Wielkopolski, Poland,
              made on 29 April 2005, announced in plenary sitting on 12 May 2005,

            — having heard Witold Tomczak (on 13 July 2005 and 31 January 2006) in accordance with Rule 7(3) of
              its Rules of Procedure,

            — having regard to the letter of Witold Tomczak, signed on 20 March 2006, in which he expressed the
              desire to withdraw the request for defence of his immunity,

            — having regard to Articles 8, 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities
              of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the elec-
              tion of the members of the European Parliament by direct universal suffrage,

            — having regard to the judgments of 12 May 1964 and 10 July 1986 (2) of the Court of Justice of the
              European Communities,

            — having regard to Rules 6(3) and 7 of its Rules of Procedure,

            — having regard to the report of the Committee on Legal Affairs (A6-0084/2006),

            A. whereas Witold Tomczak was elected to the Polish Parliament (Sejm) on 21 September 1997 and on
               23 September 2001; whereas after the signature of the Accession Treaty on 16 April 2003 he became
               an Observer; whereas he was a Member of the European Parliament from 1 May 2004 until 19 July
               2004; whereas he was elected to the European Parliament on 13 June 2004 and his term of office in
               the Polish Parliament expired on 16 June 2004,

            B.   whereas Witold Tomczak is charged with insulting two police officers in the performance of their
                 duties, in Ostrów Wielkopolski on 26 June 1999, in breach of Article 226(1) of the Polish penal
                 code; whereas the General Prosecutor applied to the Sejm for waiver of Witold Tomczak's parliament-
                 ary immunity on 13 June 2000; whereas Witold Tomczak agreed on 4 October 2000 to be held liable
                 in the matter, in accordance with Article 105(4) of the Polish Constitution; whereas after a number of
                 failures by Witold Tomczak to appear at the hearings, the District Court in Ostrów Wielkopolski deci-
                 ded on 10 January 2005, in accordance with Article 377(3) of the Polish code of criminal procedure, to
                 proceed with the trial in absentia;

            C. whereas Witold Tomczak informed the Court on 30 April 2005 that he had requested the European
               Parliament to defend his immunity; whereas the Court suspended the criminal proceedings on 30 May
               2005 and asked the District Prosecutor in Warszawa Praga-Północ to state whether an application for
               waiver of Witold Tomczak's immunity would be made; whereas in the opinion of the General Prosecu-
               tor's Office such an application is not necessary; whereas the Polish Constitutional Court ruled on
               28 November 2001 that a request for waiver of immunity is not necessary in relation to acts commit-
               ted before becoming a Member of the Polish Parliament,

            (1) Għalissa dawn it-testi m'humiex disponibbli bil-Malti.
            (2) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, and Case 149/85 Wybot v Faure and others [1986]
                ECR 2391.
 ---pagebreak--- C 293 E/114                                       Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea                        MT         2.12.2006

It-Tlieta, 4 ta' April 2006

               D. whereas Witold Tomczak claims that the Public Prosecutor should have applied to the Polish Parliament
                  for waiver of his immunity before presenting any charges, and that since he was elected Member of the
                  European Parliament, he asked that body, and not the Sejm, to assert his immunity,

               E.   whereas Witold Tomczak complains that the criminal proceedings against him are biased, that political
                    pressure is being exerted on the judicial authorities, that false evidence is being submitted and that
                    unreliable witnesses are participating in the trial,

               F.   whereas, on basis of the information obtained, Witold Tomczak is not protected by parliamentary
                    immunity in respect of any of the claims which have been drawn to the attention of the President of
                    the European Parliament,

               G. whereas parliamentary immunity constitutes part of the prerogatives of Parliament, and cannot there-
                  fore be exercised or withdrawn by an individual Member of Parliament but only by the institution as a
                  whole,

               H. whereas, notwithstanding the letter of Witold Tomczak expressing his desire to withdraw the request for
                  defence of his parliamentary immunity, it is stressed that the case must nevertheless be considered
                  exhaustively in order to ensure that Parliament's prerogatives have been duly respected,

               1.    Decides not to defend the immunity and privileges of Witold Tomczak.

               P6_TA(2006)0118

               Guidelines for trans-European energy networks ***II

               European Parliament legislative resolution on the Council common position for adopting a decision
               of the European Parliament and of the Council laying down guidelines for trans-European energy
               networks and repealing Decision 96/391/EC and Decision No 1229/2003/EC (10720/1/2005 —
                                               C6-0016/2006 — 2003/0297(COD))

               (Codecision procedure: second reading)

               The European Parliament,

               — having regard to the Council common position (10720/1/2005 — C6-0016/2006),

               — having regard to its position at first reading (1) on the Commission proposal to Parliament and the
                 Council (COM(2003)0742) (2),

               — having regard to the amended Commission proposal (COM(2005)0716) (2),

               — having regard to Article 251(2) of the EC Treaty,

               — having regard to Rule 62 of its Rules of Procedure,

               — having regard to the recommendation for second reading of the Committee on Industry, Research and
                 Energy (A6-0071/2006),

               1.    Approves the common position as amended;

               2.    Instructs its President to forward its position to the Council and Commission.

               (1) Texts adopted of 7 June 2005, P6_TA(2005)0211.
               (2) Not yet published in OJ.