2011/2098(IMM) | [ParlTrack]

2011/2098(IMM) Request for the defence of parliamentary immunity of Luigi de Magistris

Progress: Procedure completed

Role	Committee	Rapporteur	Shadows
Lead	JURI	RAPKAY Bernhard ( S&D)

Lead committee dossier:

JURI/7/06032

Legal Basis:

RoP 7

Subjects

8.40.01.03 Members' immunity

Events

2012/03/29

EP - Results of vote in Parliament

Documents

Results of vote in Parliament

2012/03/29

EP - Decision by Parliament

Details

The European Parliament adopted a decision in which it decides not to defend the immunity of Luigi de Magistris (ALDE, IT) .

The request for immunity of Luigi de Magistris relates to proceedings before an Italian court.

To recall, the request by Luigi de Magistris relates to a writ of summons filed against him before the Court of Milan on behalf of Mr Giancarlo Pittelli in connection with statements made by Luigi de Magistris in his book Assalto al PM, storia di un cattivo magistrate (‘Attack on the public prosecutor – the story of a bad magistrate’), which was published in April 2010.

According to the writ of summons, statements made in that book constitute libel, resulting in a claim for damages the book was published at a time when Luigi de Magistris was a Member of the European Parliament, following his election at the 2009 European Parliament elections.

However, the facts of the case indicate that the statements made do not have a direct, obvious connection with Luigi de Magistris’s performance of his duties as a Member of the European Parliament. Luigi de Magistris, in publishing the book in question, was therefore not acting in the performance of his duties as a Member of the European Parliament.

The statements therefore appear to be rather far removed from the duties of a Member of the European Parliament and hardly capable, therefore, of presenting a direct link with a general interest of concern to citizens.

Against this background, the European Parliament decides not to defend the parliamentary immunity of Luigi De Magistris .

Documents

T7-0102/2012

2012/03/29

EP - End of procedure in Parliament

2012/03/28

EP - Committee report tabled for plenary

Details

The Committee on Legal Affairs adopted the report drafted by Bernhard RAPKAY (S&D, DE) on the request for defence of the immunity and privileges of Luigi de Magistris (ALDE, IT) .

Luigi de Magistris has requested the defence of his parliamentary immunity in connection with proceedings before an Italian court.

According to the writ of summons, statements made in that book constitute libel,resulting in a claim for damages the book was published at a time when Luigi de Magistris was a Member of the European Parliament, following his election at the 2009 European Parliament elections.

According to Article 8 of the Protocol on the Privileges and Immunities of the European Union, 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, and whereas, according to Article 9 of that Protocol Members shall enjoy, in the territory of their own State, the immunities accorded to members of their Parliament.

The Committee therefore recommends that the European Parliament should not defend the parliamentary immunity of Luigi De Magistris .

Documents

A7-0074/2012

2012/03/26

EP - Vote in committee

2011/05/24

EP - RAPKAY Bernhard (S&D) appointed as rapporteur in JURI

History

(these mark the time of scraping, not the official date of the change)

2021-12-18Show (9) Changes | Timetravel

committees/0	type Responsible Committee body EP committee_full Legal Affairs committee JURI associated False rapporteur name: RAPKAY Bernhard date: 2011-05-24T00:00:00 group: Progressive Alliance of Socialists and Democrats abbr: S&D
committees/0	body EP responsible True committee JURI date 2011-05-24T00:00:00 committee_full Legal Affairs rapporteur group: S&D name: RAPKAY Bernhard
events/0/type	Old Vote in committee, 1st reading/single reading New Vote in committee
events/1	date 2012-03-28T00:00:00 type Committee report tabled for plenary body EP docs url: https://www.europarl.europa.eu/doceo/document/A-7-2012-0074_EN.html title: A7-0074/2012 summary The Committee on Legal Affairs adopted the report drafted by Bernhard RAPKAY (S&D, DE) on the request for defence of the immunity and privileges of Luigi de Magistris (ALDE, IT) . Luigi de Magistris has requested the defence of his parliamentary immunity in connection with proceedings before an Italian court. To recall, the request by Luigi de Magistris relates to a writ of summons filed against him before the Court of Milan on behalf of Mr Giancarlo Pittelli in connection with statements made by Luigi de Magistris in his book Assalto al PM, storia di un cattivo magistrate (‘Attack on the public prosecutor – the story of a bad magistrate’), which was published in April 2010. According to the writ of summons, statements made in that book constitute libel,resulting in a claim for damages the book was published at a time when Luigi de Magistris was a Member of the European Parliament, following his election at the 2009 European Parliament elections. According to Article 8 of the Protocol on the Privileges and Immunities of the European Union, 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, and whereas, according to Article 9 of that Protocol Members shall enjoy, in the territory of their own State, the immunities accorded to members of their Parliament. However, the facts of the case indicate that the statements made do not have a direct, obvious connection with Luigi de Magistris’s performance of his duties as a Member of the European Parliament. Luigi de Magistris, in publishing the book in question, was therefore not acting in the performance of his duties as a Member of the European Parliament. The statements therefore appear to be rather far removed from the duties of a Member of the European Parliament and hardly capable, therefore, of presenting a direct link with a general interest of concern to citizens. The Committee therefore recommends that the European Parliament should not defend the parliamentary immunity of Luigi De Magistris .
events/1	date 2012-03-28T00:00:00 type Committee report tabled for plenary, single reading body EP docs url: http://www.europarl.europa.eu/doceo/document/A-7-2012-0074_EN.html title: A7-0074/2012 summary The Committee on Legal Affairs adopted the report drafted by Bernhard RAPKAY (S&D, DE) on the request for defence of the immunity and privileges of Luigi de Magistris (ALDE, IT) . Luigi de Magistris has requested the defence of his parliamentary immunity in connection with proceedings before an Italian court. To recall, the request by Luigi de Magistris relates to a writ of summons filed against him before the Court of Milan on behalf of Mr Giancarlo Pittelli in connection with statements made by Luigi de Magistris in his book Assalto al PM, storia di un cattivo magistrate (‘Attack on the public prosecutor – the story of a bad magistrate’), which was published in April 2010. According to the writ of summons, statements made in that book constitute libel,resulting in a claim for damages the book was published at a time when Luigi de Magistris was a Member of the European Parliament, following his election at the 2009 European Parliament elections. According to Article 8 of the Protocol on the Privileges and Immunities of the European Union, 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, and whereas, according to Article 9 of that Protocol Members shall enjoy, in the territory of their own State, the immunities accorded to members of their Parliament. However, the facts of the case indicate that the statements made do not have a direct, obvious connection with Luigi de Magistris’s performance of his duties as a Member of the European Parliament. Luigi de Magistris, in publishing the book in question, was therefore not acting in the performance of his duties as a Member of the European Parliament. The statements therefore appear to be rather far removed from the duties of a Member of the European Parliament and hardly capable, therefore, of presenting a direct link with a general interest of concern to citizens. The Committee therefore recommends that the European Parliament should not defend the parliamentary immunity of Luigi De Magistris .
events/3	date 2012-03-29T00:00:00 type Decision by Parliament body EP docs url: https://www.europarl.europa.eu/doceo/document/TA-7-2012-0102_EN.html title: T7-0102/2012 summary The European Parliament adopted a decision in which it decides not to defend the immunity of Luigi de Magistris (ALDE, IT) . The request for immunity of Luigi de Magistris relates to proceedings before an Italian court. To recall, the request by Luigi de Magistris relates to a writ of summons filed against him before the Court of Milan on behalf of Mr Giancarlo Pittelli in connection with statements made by Luigi de Magistris in his book Assalto al PM, storia di un cattivo magistrate (‘Attack on the public prosecutor – the story of a bad magistrate’), which was published in April 2010. According to the writ of summons, statements made in that book constitute libel, resulting in a claim for damages the book was published at a time when Luigi de Magistris was a Member of the European Parliament, following his election at the 2009 European Parliament elections. However, the facts of the case indicate that the statements made do not have a direct, obvious connection with Luigi de Magistris’s performance of his duties as a Member of the European Parliament. Luigi de Magistris, in publishing the book in question, was therefore not acting in the performance of his duties as a Member of the European Parliament. The statements therefore appear to be rather far removed from the duties of a Member of the European Parliament and hardly capable, therefore, of presenting a direct link with a general interest of concern to citizens. Against this background, the European Parliament decides not to defend the parliamentary immunity of Luigi De Magistris .
events/3	date 2012-03-29T00:00:00 type Decision by Parliament, 1st reading/single reading body EP docs url: http://www.europarl.europa.eu/doceo/document/TA-7-2012-0102_EN.html title: T7-0102/2012 summary The European Parliament adopted a decision in which it decides not to defend the immunity of Luigi de Magistris (ALDE, IT) . The request for immunity of Luigi de Magistris relates to proceedings before an Italian court. To recall, the request by Luigi de Magistris relates to a writ of summons filed against him before the Court of Milan on behalf of Mr Giancarlo Pittelli in connection with statements made by Luigi de Magistris in his book Assalto al PM, storia di un cattivo magistrate (‘Attack on the public prosecutor – the story of a bad magistrate’), which was published in April 2010. According to the writ of summons, statements made in that book constitute libel, resulting in a claim for damages the book was published at a time when Luigi de Magistris was a Member of the European Parliament, following his election at the 2009 European Parliament elections. However, the facts of the case indicate that the statements made do not have a direct, obvious connection with Luigi de Magistris’s performance of his duties as a Member of the European Parliament. Luigi de Magistris, in publishing the book in question, was therefore not acting in the performance of his duties as a Member of the European Parliament. The statements therefore appear to be rather far removed from the duties of a Member of the European Parliament and hardly capable, therefore, of presenting a direct link with a general interest of concern to citizens. Against this background, the European Parliament decides not to defend the parliamentary immunity of Luigi De Magistris .
procedure/Modified legal basis	Rules of Procedure EP 159
procedure/Other legal basis	Rules of Procedure EP 159

2020-01-19Show (2) Changes | Timetravel

events/1/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-74&language=EN New http://www.europarl.europa.eu/doceo/document/A-7-2012-0074_EN.html
events/3/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-102 New http://www.europarl.europa.eu/doceo/document/TA-7-2012-0102_EN.html

2019-07-06Show (9) Changes | Timetravel

activities	date: 2012-03-26T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2011-05-24T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: RAPKAY Bernhard date: 2012-03-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-74&language=EN type: Committee report tabled for plenary, single reading title: A7-0074/2012 body: EP type: Committee report tabled for plenary, single reading date: 2012-03-29T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21393&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-102 type: Decision by Parliament, 1st reading/single reading title: T7-0102/2012 body: EP type: Results of vote in Parliament
events	date: 2012-03-26T00:00:00 type: Vote in committee, 1st reading/single reading body: EP date: 2012-03-28T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-74&language=EN title: A7-0074/2012 summary: The Committee on Legal Affairs adopted the report drafted by Bernhard RAPKAY (S&D, DE) on the request for defence of the immunity and privileges of Luigi de Magistris (ALDE, IT) . Luigi de Magistris has requested the defence of his parliamentary immunity in connection with proceedings before an Italian court. To recall, the request by Luigi de Magistris relates to a writ of summons filed against him before the Court of Milan on behalf of Mr Giancarlo Pittelli in connection with statements made by Luigi de Magistris in his book Assalto al PM, storia di un cattivo magistrate (‘Attack on the public prosecutor – the story of a bad magistrate’), which was published in April 2010. According to the writ of summons, statements made in that book constitute libel,resulting in a claim for damages the book was published at a time when Luigi de Magistris was a Member of the European Parliament, following his election at the 2009 European Parliament elections. According to Article 8 of the Protocol on the Privileges and Immunities of the European Union, 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, and whereas, according to Article 9 of that Protocol Members shall enjoy, in the territory of their own State, the immunities accorded to members of their Parliament. However, the facts of the case indicate that the statements made do not have a direct, obvious connection with Luigi de Magistris’s performance of his duties as a Member of the European Parliament. Luigi de Magistris, in publishing the book in question, was therefore not acting in the performance of his duties as a Member of the European Parliament. The statements therefore appear to be rather far removed from the duties of a Member of the European Parliament and hardly capable, therefore, of presenting a direct link with a general interest of concern to citizens. The Committee therefore recommends that the European Parliament should not defend the parliamentary immunity of Luigi De Magistris . date: 2012-03-29T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=21393&l=en title: Results of vote in Parliament date: 2012-03-29T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-102 title: T7-0102/2012 summary: The European Parliament adopted a decision in which it decides not to defend the immunity of Luigi de Magistris (ALDE, IT) . The request for immunity of Luigi de Magistris relates to proceedings before an Italian court. To recall, the request by Luigi de Magistris relates to a writ of summons filed against him before the Court of Milan on behalf of Mr Giancarlo Pittelli in connection with statements made by Luigi de Magistris in his book Assalto al PM, storia di un cattivo magistrate (‘Attack on the public prosecutor – the story of a bad magistrate’), which was published in April 2010. According to the writ of summons, statements made in that book constitute libel, resulting in a claim for damages the book was published at a time when Luigi de Magistris was a Member of the European Parliament, following his election at the 2009 European Parliament elections. However, the facts of the case indicate that the statements made do not have a direct, obvious connection with Luigi de Magistris’s performance of his duties as a Member of the European Parliament. Luigi de Magistris, in publishing the book in question, was therefore not acting in the performance of his duties as a Member of the European Parliament. The statements therefore appear to be rather far removed from the duties of a Member of the European Parliament and hardly capable, therefore, of presenting a direct link with a general interest of concern to citizens. Against this background, the European Parliament decides not to defend the parliamentary immunity of Luigi De Magistris . date: 2012-03-29T00:00:00 type: End of procedure in Parliament body: EP
links
other
procedure/Modified legal basis	Old Rules of Procedure of the European Parliament EP 150 New Rules of Procedure EP 159
procedure/dossier_of_the_committee	Old JURI/7/06032 New JURI/7/06032
procedure/legal_basis/0	Rules of Procedure EP 7
procedure/legal_basis/0	Rules of Procedure of the European Parliament EP 006
procedure/subject	Old 8.40.01.03 Members' immunity New 8.40.01.03 Members' immunity

2014-11-09Show (5) Changes

activities	date: 2012-03-26T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2011-05-24T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: RAPKAY Bernhard date: 2012-03-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-74&language=EN type: Committee report tabled for plenary, single reading title: A7-0074/2012 body: EP type: Committee report tabled for plenary, single reading date: 2012-03-29T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21393&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-102 type: Decision by Parliament, 1st reading/single reading title: T7-0102/2012 body: EP type: Results of vote in Parliament
committees	body: EP responsible: True committee: JURI date: 2011-05-24T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: RAPKAY Bernhard
links
other
procedure	dossier_of_the_committee JURI/7/06032 reference 2011/2098(IMM) title Request for the defence of parliamentary immunity of Luigi de Magistris legal_basis Rules of Procedure of the European Parliament EP 006 stage_reached Procedure completed subtype Defence of immunity Modified legal basis Rules of Procedure of the European Parliament EP 150 type IMM - Members' immunity subject 8.40.01.03 Members' immunity

Progress: Procedure completed

Lead committee dossier:

JURI/7/06032

Legal Basis:

Subjects

Links

Events

History

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