natgillin/translations-raw huggingface dataset:
'Members of the European Parliament shall 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' .
'Members of the European Parliament shall 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' .
The key point is therefore to determine whether the statements, which are the subject of the legal proceedings, were made by Mr Bossi in the performance of his duties as Member of the European Parliament.
The key point is therefore to determine whether the statements, which are the subject of the legal proceedings, were made by Mr Bossi in the performance of his duties as Member of the European Parliament.
A civil action may also constitute prosecution by the state of a Member of Parliament within the meaning of Article 9 of the PPI
A civil action may also constitute prosecution by the state of a Member of Parliament within the meaning of Article 9 of the PPI
Request for defence of parliamentary immunity of Jannis Sakellariou, A5-0309/2003 and Giuseppe Gargani, decision of 16 December 2003, ( 2003/2182(IMM) ). .
Request for defence of parliamentary immunity of Jannis Sakellariou, A5-0309/2003 and Giuseppe Gargani, decision of 16 December 2003, ( 2003/2182(IMM) ). .
Parliament has consistently taken it as a fundamental principle that immunity may on no account be waived in cases in which the acts or statements of which a Member stands accused were carried out in the performance of his or her political duties or were directly related to such duties
Parliament has consistently taken it as a fundamental principle that immunity may on no account be waived in cases in which the acts or statements of which a Member stands accused were carried out in the performance of his or her political duties or were directly related to such duties
See Decision of 1 July 2003, ( 2003/2249(IMM) ) request for waiver of immunity of Mogens N.J. Camre. .
See Decision of 1 July 2003, ( 2003/2249(IMM) ) request for waiver of immunity of Mogens N.J. Camre. .
The right to make such statements is of key importance for the role of a Member of Parliament elected by the people.
The right to make such statements is of key importance for the role of a Member of Parliament elected by the people.
In accordance with those principles, Committee on Legal Affairs notes that the statements at issue by Mr Umberto Bossi constitute an expression of opinions during a political exchange of views.
In accordance with those principles, Committee on Legal Affairs notes that the statements at issue by Mr Umberto Bossi constitute an expression of opinions during a political exchange of views.
These statements must be seen in the context of a political dispute between politicians, after the division of a political party, and concern a matter of genuine public interest .In conclusion these statements do not exceed the bounds of legitimate political criticism.
These statements must be seen in the context of a political dispute between politicians, after the division of a political party, and concern a matter of genuine public interest .In conclusion these statements do not exceed the bounds of legitimate political criticism.
In the light of the above remarks, the Committee on Legal Affairs recommends that Parliament should defend the immunity and privileges of Umberto Bossi, pursuant to Rule 7(2) of its Rules of Procedure.
In the light of the above remarks, the Committee on Legal Affairs recommends that Parliament should defend the immunity and privileges of Umberto Bossi, pursuant to Rule 7(2) of its Rules of Procedure.
Žádost o ochranu imunity a výsad pana Umberta Bossiho
Request for defence of the immunity and privileges of Umberto Bossi
3.8.2004 13.9.2004
3.8.2004 13.9.2004
JURI 13.9.2004
JURI 13.9.2004
Diana Wallis 26.10.2004
Diana Wallis 26.10.2004
Maria Berger, Bert Doorn, Monica Frassoni, Giuseppe Gargani, Kurt Lechner, Klaus-Heiner Lehne, Katalin Lévai, Antonio López-Istúriz White, Antonio Masip Hidalgo, Viktória Mohácsi, Francesco Enrico Speroni, Diana Wallis, Nicola Zingaretti, Jaroslav Zvěřina
Maria Berger, Bert Doorn, Monica Frassoni, Giuseppe Gargani, Kurt Lechner, Klaus-Heiner Lehne, Katalin Lévai, Antonio López-Istúriz White, Antonio Masip Hidalgo, Viktória Mohácsi, Francesco Enrico Speroni, Diana Wallis, Nicola Zingaretti, Jaroslav Zvěřina
o žádosti o zachování poslanecké imunity a výsad Umberta Bossiho
on the request for defence of the immunity and privileges of Umberto Bossi
PE 357.841v02-00
PE 357.841v02-00
NÁVRH ROZHODNUTÍ EVROPSKÉHO PARLAMENTU..................................................3
PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION
NÁVRH ROZHODNUTÍ EVROPSKÉHO PARLAMENTU..................................................4
PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION
NÁVRH ROZHODNUTÍ EVROPSKÉHO PARLAMENTU..................................................5
PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION
EXPLANATORY STATEMENT................................................................................................6
EXPLANATORY STATEMENT
– s ohledem na žádost předloženou právním zástupcem jednajícím jménem poslance Umberta Bossiho o zachování poslanecké imunity v souvislosti s trestním řízením u okresního soudu v Brescii ze dne 7. května 2004 a oznámenou na plenárním zasedání dne 22. července 2004,
- having regard to the request by a barrister acting for Mr Umberto Bossi, for defence of his immunity in connection with criminal proceedings pending before the Brescia District Court, of 7 May 2004, announced in plenary sitting on 22 July 2004,
– s ohledem na rozsudky Soudního dvora Evropských společenství ze dne 12. května 1964 a 10. července 1986
- having regard to the judgements of 12 May 1964 and 10 July 1986
– s ohledem na zprávu Výboru pro právní záležitosti ( A6‑0210/2005 ),
- having regard to the report of the Committee on Legal Affairs ( A6-0210/2005 ),
A. vzhledem k tomu, že Umberto Bossi byl poslancem Evropského parlamentu ve čtvrtém volebním období (začátek funkčního období dne 19. července 1994, mandát ověřen dne 15. listopadu, ukončení dne 19. července 1999) a v pátém volebním období (začátek funkčního období dne 20. července 1999, mandát ověřen dne 15. prosince 1999, ukončení dne 10. června 2001 z důvodu neslučitelnosti funkcí),
A. whereas Umberto Bossi was a Member of the European Parliament in the fourth legislative term (start of mandate on 19 July 1994, mandate verified on 15 November 1994, mandate expired on 19 July 1999) and in the fifth legislative term (start of mandate on 20 July 1999, mandate verified on 15 December 1999, mandate expired on 10 June 2001 for incompatibility),
B. vzhledem k tomu, že poslanci Evropského parlamentu nemohou být vyšetřováni, zadrženi nebo stíháni pro své názory či hlasování během výkonu své funkce
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
Článek 9 Protokolu o výsadách a imunitách Evropských společenství. ,
Article 9 of the Protocol on the Privileges and Immunities of the European Communities. ,
– s ohledem na žádost předloženou právním zástupcem jednajícím jménem poslance Umberta Bossiho o zachování poslanecké imunity v souvislosti s trestním řízením u okresního soudu v Bergamu ze dne 7. května 2004 a oznámenou na plenárním zasedání dne 22. července 2004,
- having regard to the request by a barrister acting for Mr Umberto Bossi, for defence of his immunity in connection with criminal proceedings pending before the Bergamo District Court, of 7 May 2004, announced in plenary sitting on 22 July 2004,
– s ohledem na zprávu Výboru pro právní záležitosti (A6‑0000/2005),
- having regard to the report of the Committee on Legal Affairs (A6-0000/2005),
– s ohledem na žádost předloženou právním zástupcem jednajícím jménem poslance Umberta Bossiho o zachování poslanecké imunity v souvislosti s trestním řízením u magistrátního soudu v Miláně ze dne 7. května 2004 a oznámenou na plenárním zasedání dne 22. července 2004,
- having regard to the request by a barrister acting for Mr Umberto Bossi, for defence of his immunity in connection with criminal proceedings pending before the Magistrates' Court in Milan, of 7 May 2004, announced in plenary sitting on 22 July 2004,
B. vzhledem k tomu, že poslanci Evropského parlamentu požívají na území vlastního státu imunit přiznávaných členům parlamentu vlastního státu,
B. whereas Members of the European Parliament shall enjoy in their own state immunity from legal proceedings equivalent to that of a Member of the Parliament of that state
Článek 10 a) Protokolu o výsadách a imunitách Evropských společenství.
Article 10(a) of the Protocol on the Privileges and Immunities of the European Communities. ,
C. vzhledem k tomu, že v případu, o kterém rozhodl magistrátní soud v Miláně, Umberto Bossi použil násilí a hrozeb vůči příslušníkům italské policie, kteří prováděli prohlídku v prostorách milánského vedení Lega Nord, nařízenou veronským veřejným žalobcem,
C. whereas in the case covered by the judgement of the Magistrates' Court in Milan Umberto Bossi used violence against, and threatened, officers of the Italian police, who were conducting a search of the premises of the Milan headquarters of the Lega Nord, ordered by the Verona Public Prosecutor,
D. vzhledem k tomu, že v té době byl Umberto Bossi poslancem italského parlamentu a italský ústavní soud rozhodl dne 17. května 2001, že nebude zachována jeho poslanecká imunita, neboť v případě urážek a násilných činů nelze v žádném případě uplatňovat poslanecké výsady,
D. whereas at that time Umberto Bossi was a member of the Italian Parliament and the Italian Constitutional Court decided, on 17 May 2001, that he did not enjoy parliamentary immunity finding that insults and acts of resistance and violence are in no way acts in which parliamentary privilege may apply,
1. se rozhodl nezachovat poslaneckou imunitu a výsady Umberta Bossiho v souvislosti s trestním řízením u magistrátního soudu v Miláně.
Decides not to defend the immunity and privileges of Umberto Bossi in connection with the criminal proceedings pending before the Magistrates' Court in Milan.
The facts in connection with the legal proceedings pending before the Brescia District Court took place on 26 February 1996; the facts in connection with the legal proceedings pending before the Bergamo District Court took place on 4 August 1995; the facts in connection with the legal proceedings pending before the Magistrates' Court in Milan took place on 18 September 1996.
The facts in connection with the legal proceedings pending before the Brescia District Court took place on 26 February 1996; the facts in connection with the legal proceedings pending before the Bergamo District Court took place on 4 August 1995; the facts in connection with the legal proceedings pending before the Magistrates' Court in Milan took place on 18 September 1996.
The requests are therefore admissible pursuant to Rule 6(3) of the European Parliament's Rules of Procedure, since Umberto Bossi was a Member of the European Parliament at the time in question.
The requests are therefore admissible pursuant to Rule 6(3) of the European Parliament's Rules of Procedure, since Umberto Bossi was a Member of the European Parliament at the time in question.
Substance and merits of the requests
Substance and merits of the requests
In accordance with Rule 6 of the European Parliament's Rules of Procedure, the President announced at the sitting of 22 July 2004 that he had received three requests from a barrister acting for Mr Umberto Bossi MEP for his parliamentary immunity to be defended in connection with the legal proceedings pending before the Brescia and Bergamo District Courts and the Magistrates' Court in Milan.
In accordance with Rule 6 of the European Parliament's Rules of Procedure, the President announced at the sitting of 22 July 2004 that he had received three requests from a barrister acting for Mr Umberto Bossi MEP for his parliamentary immunity to be defended in connection with the legal proceedings pending before the Brescia and Bergamo District Courts and the Magistrates' Court in Milan.
DISTRICT COURT OF BRESCIA
DISTRICT COURT OF BRESCIA
On the evening of 26 February 1996 Umberto BOSSI, leader of the Lega Lombarda [Lombard League] political organisation and Member of the Italian Chamber of Deputies, held a meeting in Tradate, during which he made a number of remarks about the judiciary or, more precisely, about a representative thereof, expressing himself as follows: ' There are magistrates who just love to put people in jail.
On the evening of 26 February 1996 Umberto BOSSI, leader of the Lega Lombarda [Lombard League] political organisation and Member of the Italian Chamber of Deputies, held a meeting in Tradate, during which he made a number of remarks about the judiciary or, more precisely, about a representative thereof, expressing himself as follows: ' There are magistrates who just love to put people in jail.
In the province of Varese, too, there's one of them, who's a big bastard.
In the province of Varese , too, there's one of them, who's a big bastard.
I won't give his name, because everyone knows who he is. '
I won't give his name, because everyone knows who he is. '
Mr Bossi's remarks were reported in the press and, in particular, in the newspapers 'Il Giorno' and 'La Prealpina' on 6 March 1996.
Mr Bossi's remarks were reported in the press and, in particular, in the newspapers 'Il Giorno' and 'La Prealpina' on 6 March 1996.
On 28 March 1996 Mr Agostino Abate, Deputy Public Prosecutor at the Varese District Court, brought an action for defamation on the basis of the news reported in the newspapers referred to above.
On 28 March 1996 Mr Agostino Abate, Deputy Public Prosecutor at the Varese District Court, brought an action for defamation on the basis of the news reported in the newspapers referred to above.
On the basis of the above facts Mr Bossi was charged with the offence of defamation, aggravated by having been committed in the press and also against a public servant (Article 595 (I) and (III) and Article 61(10) of the Criminal Code).
On the basis of the above facts Mr Bossi was charged with the offence of defamation, aggravated by having been committed in the press and also against a public servant (Article 595 (I) and (III) and Article 61(10) of the Criminal Code).
The District Court of Brescia found Umberto Bossi guilty of the offence of defamation ascribed to him, and sentenced him to a period of imprisonment of one month and ten days and ordered him to pay the costs of the proceedings and the damages to the aggrieved party.
The District Court of Brescia found Umberto Bossi guilty of the offence of defamation ascribed to him, and sentenced him to a period of imprisonment of one month and ten days and ordered him to pay the costs of the proceedings and the damages to the aggrieved party.
Parliament has consistently taken it as a fundamental principle that immunity may on no account be waived in cases in which the acts or statements of which a Member stands accused were carried out in the performance of his or her political duties or were directly related to such duties.
Parliament has consistently taken it as a fundamental principle that immunity may on no account be waived in cases in which the acts or statements of which a Member stands accused were carried out in the performance of his or her political duties or were directly related to such duties.
On the basis of the above considerations and pursuant to Article 7(2) of the Rules of Procedure, after consideration the reasons for and against defending the Member's immunity, the Committee on Legal Affairs recommends that the European Parliament should not defend the Parliamentary immunity of Mr Umberto Bossi.
On the basis of the above considerations and pursuant to Article 7(2) of the Rules of Procedure, after consideration the reasons for and against defending the Member's immunity, the Committee on Legal Affairs recommends that the European Parliament should defend the Parliamentary immunity of Mr Umberto Bossi.
DISTRICT COURT OF BERGAMO
DISTRICT COURT OF BERGAMO
On the evening of 4 August 1995 Mr Bossi gave two speeches at public meetings, in the presence of several hundred onlookers, first in Brembate Sopra and then in Albano Sant'Alessandro, as part of the Lega Festivals in those two locations.
On the evening of 4 August 1995 Mr Bossi gave two speeches at public meetings, in the presence of several hundred onlookers, first in Brembate Sopra and then in Albano Sant'Alessandro, as part of the Lega Festivals in those two locations.
During the meeting in Brembate Mr Bossi, after expressing his own views about Italian political affairs in recent years and about the role played by the political force that he represented, directed criticism towards the ' fascists ', saying, ' Anyone who enters Parliament knows that this has always been a political force for sale, that it was and is a political force close to and fit for use by the wealthy, gluttonous Andreotti faction, which means the most mafia-like section of the Christian Democrats; that it's the same party as always, which gave its votes there, always in proximity, with close relations - I'm saying that because I'm a nice guy - but I really mean continuous relations with the mafia; fascist means mafioso, right ?
During the meeting in Brembate Mr Bossi, after expressing his own views about Italian political affairs in recent years and about the role played by the political force that he represented, directed criticism towards the ' fascists ', saying, ' Anyone who enters Parliament knows that this has always been a political force for sale, that it was and is a political force close to and fit for use by the wealthy, gluttonous Andreotti faction, which means the most mafia-like section of the Christian Democrats; that it's the same party as always, which gave its votes there, always in proximity, with close relations - I'm saying that because I'm a nice guy - but I really mean continuous relations with the mafia; fascist means mafioso , right ?
We should ... we must ... take care to identify whoever's voted fascist, it doesn't interest theA.N., etcetera, we're dealing with fascists.
We should ... we must ... take care to identify whoever's voted fascist, it doesn't interest theA.N ., etcetera, we're dealing with fascists.
Every one of them is an enemy of the North, remember that well and identify them one by one.
Every one of them is an enemy of the North, remember that well and identify them one by one.
I said so, I said so, so we'll do it if they grab the votes, house by house, because we booted out the fascists after the war.
I said so, I said so, so we'll do it if they grab the votes, house by house, because we booted out the fascists after the war.
Enemies of the North, identify them one by one, house by house, they won't let that riff-raff escape '.
Enemies of the North, identify them one by one, house by house, they won't let that riff-raff escape '.
A little later in the speech, he said, ' And so we need to pay attention, remember them one by one, remember and tell each other, "I've heard that he votes fascist", let's go and get them, filthy trash.
A little later in the speech, he said, ' And so we need to pay attention, remember them one by one, remember and tell each other, "I've heard that he votes fascist", let's go and get them, filthy trash.
The times are right for that riff-raff.
The times are right for that riff-raff.
They say that they want to come to Mantua for the Youth Festival.
They say that they want to come to Mantua for the Youth Festival.
Oh, poor lads, poor fascists; Lombardy's a place for respectable people, but don't tread on our toes, because we'll eat you alive, you fascists, rotten, stinking fascists.
Oh, poor lads, poor fascists; Lombardy 's a place for respectable people, but don't tread on our toes, because we'll eat you alive, you fascists, rotten, stinking fascists.
So, just to make it clear, this is what we saw: the regime fell and three days later ... they'd better be really quiet, those fascists, if they don't want serious problems ... if there are ... h ere ... the fascists should know that Naples and beyond is where they belong.
So, just to make it clear, this is what we saw: the regime fell and three days later ... they'd better be really quiet, those fascists, if they don't want serious problems ... if there are ... h ere ... the fascists should know that Naples and beyond is where they belong.
They'd better not get it wrong, we're wild beasts when there are fascists around, we're wild beasts (applause) even if they're camouflaged, even if they're Fini's followers, or whatever you want to call them, we become beasts, right, because we know them well, those mafia forces, right? '
They'd better not get it wrong, we're wild beasts when there are fascists around, we're wild beasts (applause) even if they're camouflaged, even if they're Fini's followers, or whatever you want to call them, we become beasts, right, because we know them well, those mafia forces, right? '
Article 414 of the Italian Criminal Code provides for a prison sentence of between one and five years for anyone who publicly incites others to commit one or more crimes and for anyone who publicly justifies one or more crimes.
Article 414 of the Italian Criminal Code provides for a prison sentence of between one and five years for anyone who publicly incites others to commit one or more crimes and for anyone who publicly justifies one or more crimes.
The criminal acts referred to above are included among crimes against public order, such as various forms of association to commit crimes, and the destruction and plundering of, and attacks on, installations of public utility.
The criminal acts referred to above are included among crimes against public order, such as various forms of association to commit crimes, and the destruction and plundering of, and attacks on, installations of public utility.
On 1995 Mr Bossi was member of the Italian Parliament as well.
On 1995 Mr Bossi was member of the Italian Parliament as well.
So, for the same facts, the Chamber of Deputies, at the sitting of 20 January 1998, approved the report by the Commission for the Authorisation of Judicial Proceedings, since it considered that the acts with which Mr Bossi is charged are not covered by parliamentary privilege, pursuant to Article 68 of the Constitution.
So, for the same facts, the Chamber of Deputies, at the sitting of 20 January 1998, approved the report by the Commission for the Authorisation of Judicial Proceedings, since it considered that the acts with which Mr Bossi is charged are not covered by parliamentary privilege, pursuant to Article 68 of the Constitution.
On the basis of the above considerations and pursuant to Article 7(2) of the Rules of Procedure, after consideration the reasons for and against defending the Member's immunity, the Committee on Legal Affairs recommends that the European Parliament should defend the Parliamentary immunity of Mr Umberto Bossi .
On the basis of the above considerations and pursuant to Article 7(2) of the Rules of Procedure, after consideration the reasons for and against defending the Member's immunity, the Committee on Legal Affairs recommends that the European Parliament should defend the Parliamentary immunity of Mr Umberto Bossi .
MILAN MAGISTRATES' COURT
MILAN MAGISTRATES' COURT