Criminal proceedings against Aldo Patriciello.
Date: 2011-09-06
18. As a preliminary point, it is to be borne in mind that, as the Court has previously held, the parliamentary immunity of Members of the European Parliament, as provided for in Articles 8 and 9 of the Protocol, comprises the two forms of protection usually afforded to members of national parliaments in the Member States, that is to say, immunity in respect of opinions expressed and votes cast in the exercise of their parliamentary duties, and parliamentary privilege, including, in principle, protection from judicial proceedings ( Marra , paragraph 24).
21. In proceedings brought pursuant to Article 267 TFEU the Court of Justice has no jurisdiction to apply rules of EU law to a particular case.  It may, however, provide the national court with all guidance on interpretation concerning EU law that could be useful for its decision (see, in particular, Case C‑54/07 Feryn  [2008] ECR I‑5187, paragraph 19 and case-law cited).
22. Consequently, in a case such as that in the main proceedings, it is for the court making the reference to decide whether the statements at issue are covered by the immunity provided by Article 8 of the Protocol, by determining whether the substantive conditions laid down in that provision in order to give effect to that immunity have been satisfied (see Marra , paragraph 33).
23. On the other hand, it is for the Court of Justice to provide the national court with all necessary information with a view to offering guidance in that determination, recasting, if need be, the question referred to it (see, inter alia, Case C‑420/06 Jager [2008] ECR I‑1315, paragraph 46, and Case C‑243/09 Fuß  [2010] ECR I‑0000, paragraph 39).
25. On this point, it has to be emphasised that, unlike the parliamentary immunity provided by subparagraph (a) of the first paragraph of Article 9 of the Protocol, which depends on national law, the extent of the immunity provided by Article 8 of the Protocol must be established on the basis of EU law alone, for that article makes no reference to national laws (see, to that effect, Marra , paragraph 26).
26. As the Court has previously held, Article 8 of the Protocol, which constitutes a special provision applicable to all legal proceedings for which the Member benefits from immunity in respect of opinions expressed and votes cast in the exercise of parliamentary duties, is intended to protect the freedom of expression and independence of Members of the European Parliament, with the result that it prevents any judicial proceedings in respect of those opinions or votes (see, to that effect, Marra , paragraphs 45 and 27).
27. It follows that, whatever the rules on immunity laid down in national law or the limits fixed therein may be, if the substantive conditions for recognition of immunity under Article 8 of the Protocol have been met, immunity may not be waived by the European Parliament and the national court with jurisdiction to apply it is bound to dismiss the action brought against the Member concerned (see, to that effect, Marra , paragraph 44).
31. In referring to opinions expressed by the Members of the European Parliament, Article 8 of the Protocol is closely linked to freedom of expression.  Freedom of expression, as an essential foundation of a pluralist, democratic society reflecting the values on which the Union, in accordance with Article 2 TEU, is based, constitutes a fundamental right guaranteed by Article 11 of the Charter of Fundamental Rights of the European Union which, pursuant to Article 6(1) TEU, has the same legal value as the Treaties.  This freedom is also affirmed in Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950.
38. If, on completing that determination, that court should find that such is the case, it would have no choice but to give due effect to that immunity by dismissing, as indicated in paragraph 27 above, the action brought against the Member of the European Parliament concerned ( Marra , paragraphs 33 and 44).  Contrariwise, if it should find that such is not the case, the substantive conditions for immunity not being satisfied, that court would have to continue hearing the action.
39. It is to be borne in mind that even if, as in the case in the main proceedings, the European Parliament, in response to the request of the Member concerned, has taken a decision to defend the latter’s immunity, that decision, adopted in accordance with its Rules of Procedure, is no more than an opinion without any binding effect on national courts, for there is no provision in the Protocol obliging those courts to refer to the Parliament the decision whether the conditions laid down in Article 8 of the Protocol have been met.  As the Court has previously held, the fact that the law of a Member State, like the law in question in the main proceedings, provides for a procedure to defend members of the national parliament, enabling the latter to intervene when the national court does not recognise that immunity, does not imply that the same powers are conferred on the European Parliament in relation to its Members from that Member State, for Article 8 of the Protocol does not expressly provide such a power and does not refer to rules of national law (see, to that effect, Marra , paragraphs 35 to 40).
40. In consequence, and contrary to what was argued at the hearing by the defendant in the main proceedings, although, by reason of the duty of the European institutions and national authorities to cooperate in good faith laid down in Articles 4(3) TEU and 18 of the Protocol, the European Parliament and the national courts must indeed cooperate in order to avoid any conflict in the interpretation and application of the provisions of the Protocol ( Marra , paragraph 42), EU law does not place the national court making the reference under any particular obligation as regards the reasons given for its decisions if, having regard to the interpretation provided by this judgment given pursuant to Article 267 TFEU, it should decide not to follow the opinion of the European Parliament of which it had been informed, concerning the application of Article 8 of the Protocol to the facts in the main proceedings.