CELEX: 52004DP0353
Language: en
Date: 2004-04-22 00:00:00
Title: European Parliament decision on the request for defence of parliamentary immunity and privileges submitted by Umberto Bossi (2003/2171(IMM))

30.4.2004      EN                            Official Journal of the European Union                                        C 104 E/945
                                                                                                                Thursday 22 April 2004
          P5_TA(2004)0352
          Proposal for a Council Decision establishing the Visa Information System (VIS) *
          European Parliament legislative resolution on the Commission proposal for a Council decision
          establishing the Visa Information System (VIS) (COM(2004) 99  C5-0098/2004  2004/
                                                            0029(CNS))
          (Consultation procedure)
          The European Parliament,
              having regard to the Commission proposal to the Council (COM(2004) 99) (1),
              having regard to Article 66 of the EC Treaty,
              having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament
               (C5-0098/2004),
              having regard to the Protocol integrating the Schengen ‘acquis’ into the framework of the European
               Union, pursuant to which the Council consulted Parliament,
              having regard to Rule 67 of its Rules of Procedure,
              having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home
               Affairs and the opinion of the Committee on Budgets (A5-0262/2004),
          1.    Rejects the Commission proposal;
          2.    Calls on the Commission to withdraw its proposal and submit a new one;
          3.    Instructs the President to forward its position to the Council and the Commission.
          (1) Not yet published in the OJ.
          P5_TA(2004)0353
          Privileges and immunities of Mr Bossi, a former Member of the European Parlia-
          ment
          European Parliament decision on the request for defence of parliamentary immunity and privileges
                                        submitted by Umberto Bossi (2003/2171(IMM))
          The European Parliament,
              having regard to a request submitted by Umberto Bossi for defence of his immunity in connection
               with legal proceedings pending before the Court of Brescia, announced in plenary session on 12 May
               2003,
              having regard to Article 9 of the Protocol on the Privileges and Immunities of the European Com-
               munities of 8 April 1965, and to Article 4(2) of the Act concerning the Election of Representatives to
               the European Parliament by direct universal suffrage of 20 September 1976,
              having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964
               and 10 July 1986 (1),
              having regard to Rules 6 and 6a of its Rules of Procedure,
              having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0281/
               2004),
          (1) See Case 101/63 Wagner v. Fohrmann and Krier ECR, English Special Edition 1964, 195 and Case 149/85 Wybot v.
              Faure [1986] ECR 2403.
 ---pagebreak--- C 104 E/946                                       Official Journal of the European Union                                  EN        30.4.2004
Thursday 22 April 2004
            A. whereas Umberto Bossi was elected to the European Parliament in the fifth direct elections held on
                 13 June 1999, and whereas his credentials were verified by Parliament on 15 December 1999 (1) and
                 his term of office expired on 10 June 2001,
            B.   whereas 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 (2),
            C. whereas the immunity from legal proceedings enjoyed by Members of the European Parliament also
                 covers immunity from civil proceedings,
            D. whereas Members of the European Parliament have a responsibility to participate in political affairs,
                 and accordingly when they publish newspaper articles on controversial topics they are properly
                 deemed to be engaged in the performance of their duties as MEPs,
            1.     Decides, in relation to the proceedings pending, to defend the immunity and privileges of its former
            Member Umberto Bossi;
            2.     Proposes, pursuant to Article 9 of the above-mentioned Protocol and having regard to the proceed-
            ings in the Member State in question, to declare that the proceedings in issue should not be continued; and
            therefore calls on the Court to draw the appropriate conclusions;
            3.     Instructs its President immediately to forward this decision and the report of its committee to the
            Court of Brescia.
            (1) European Parliament decision of 15.12.1999 on the verification of credentials of Members following the fifth direct
                elections to the European Parliament on 10 to 13 June 1999 (OJ C 296, 18.10.2000, p. 93).
            (2) Article 9 of the Protocol on the Privileges and Immunities of the European Communities.
            P5_TA(2004)0354
            Privileges and immunities of Mr Bossi, a former Member of the European Parlia-
            ment (second request)
            European Parliament decision on the request for defence of parliamentary immunity and privileges
                                           submitted by Umberto Bossi (2003/2172(IMM))
            The European Parliament,
                having regard to a request submitted by Umberto Bossi for defence of his immunity in connection
                 with legal proceedings pending before the Court of Brescia, announced in plenary session on 1 Sept-
                 ember 2003,
                having regard to Article 9 of the Protocol on the Privileges and Immunities of the European Com-
                 munities of 8 April 1965, and to Article 4(2) of the Act concerning the Election of Representatives to
                 the European Parliament by direct universal suffrage of 20 September 1976,
                having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964
                 and 10 July 1986 (1),
                having regard to Rules 6 and 6a of its Rules of Procedure,
                having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0282/
                 2004),
            (1) See Case 101/63 Wagner v. Fohrmann and Krier [1964] ECR, English Special Edition 1964, 195 and Case 149/85
                Wybot v. Faure [1986] ECR 2391.