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2014/2169(IMM) Request for the waiver of the immunity of Ivan Jakovčic

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI ZWIEFKA Tadeusz (icon: PPE PPE)
Lead committee dossier:
Legal Basis:
RoP 6

Events

2015/03/25
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2015/03/25
   EP - Decision by Parliament
Details

Parliament decided to waive the immunity of Ivan JAKOVČIĆ (ADLE, HR).

The lawyer of a private plaintiff has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Ivan Jakovčić, in connection with legal proceedings concerning an alleged offence of defamation.

The request for waiver relates to criminal proceedings instituted against Mr Jakovčić under the Croatian Criminal Code in connection with defamatory statements that he is alleged to have made in an interview with HRT Croatian Radiotelevision on 22 July 2014.

Under the Croatian Criminal Procedure Code, in the case of private prosecution the private charge must be submitted within three months of the day on which the authorised physical or legal person came to the knowledge of the offence and its perpetrator. Parliament should consider the request for the waiver of immunity without delay.

According to Article 8 of the Protocol on the Privileges and Immunities of the European Union, 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. The purpose of this provision is to ensure that Members of the European Parliament enjoy freedom of speech as a matter of principle, but whereas this entitlement to free speech does not authorise slander, libel, incitement to hatred or questioning the honour of others.

Parliament noted that Mr Jakovčić was a Member of the European Parliament at the time of the interview. However, the statements alleged to have been made relate to a matter which dates back to a time when he did not yet hold such office. It considered that as a consequence, the statements in question do not have a direct and obvious connection with Mr Jakovčić’s performance of his duties as a Member of the European Parliament nor do they constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament.

In light of these considerations, Parliament decided to waive the parliamentary immunity of Mr Ivan JAKOVČIĆ.

Documents
T8-0084/2015
2015/03/25
   EP - End of procedure in Parliament
2015/03/24
   EP - Vote in committee
2015/03/24
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL) in which it recommended the European Parliament to decide to waive the immunity of Ivan JAKOVČIĆ (ADLE, HR).

The lawyer of a private plaintiff has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Ivan Jakovčić, in connection with legal proceedings concerning an alleged offence of defamation.

The request for waiver relates to criminal proceedings instituted against Mr Jakovčić under Article 147(1) and (2) of the Croatian Criminal Code in connection with defamatory statements that he is alleged to have made in an interview with HRT Croatian Radiotelevision on 22 July 2014.

Members recalled that Mr Jakovčić was a Member of the European Parliament at the time of the interview. However, the statements alleged to have been made relate to a matter which dates back to a time when he did not yet hold such office.

They considered that as a consequence, the statements in question do not have a direct and obvious connection with Mr Jakovčić’s performance of his duties as a Member of the European Parliament nor do they constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament.

In light of these considerations, the committee recommended that the European Parliament should waive the parliamentary immunity of Mr Ivan JAKOVČIĆ.

Documents
A8-0059/2015
2014/11/10
   EP - ZWIEFKA Tadeusz (PPE) appointed as rapporteur in JURI

Activities

History

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

2021-12-18Show (7) Changes | Timetravel
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2020-01-19Show (4) Changes | Timetravel
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2019-07-12Show (2) Changes | Timetravel
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2019-07-06Show (10) Changes | Timetravel
activities
  • date: 2015-03-24T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2014-11-10T00:00:00 committee_full: Legal Affairs rapporteur: group: EPP name: ZWIEFKA Tadeusz docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0059&language=EN type: Committee report tabled for plenary, single reading title: A8-0059/2015
  • date: 2015-03-25T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=25487&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=P8-TA-2015-0084 type: Decision by Parliament, 1st reading/single reading title: T8-0084/2015 body: EP type: Results of vote in Parliament
events
  • date: 2015-03-24T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2015-03-24T00:00:00 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=A8-2015-0059&language=EN title: A8-0059/2015 summary: The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL) in which it recommended the European Parliament to decide to waive the immunity of Ivan JAKOVČIĆ (ADLE, HR). The lawyer of a private plaintiff has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Ivan Jakovčić, in connection with legal proceedings concerning an alleged offence of defamation. The request for waiver relates to criminal proceedings instituted against Mr Jakovčić under Article 147(1) and (2) of the Croatian Criminal Code in connection with defamatory statements that he is alleged to have made in an interview with HRT Croatian Radiotelevision on 22 July 2014. Members recalled that Mr Jakovčić was a Member of the European Parliament at the time of the interview. However, the statements alleged to have been made relate to a matter which dates back to a time when he did not yet hold such office. They considered that as a consequence, the statements in question do not have a direct and obvious connection with Mr Jakovčić’s performance of his duties as a Member of the European Parliament nor do they constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament. In light of these considerations, the committee recommended that the European Parliament should waive the parliamentary immunity of Mr Ivan JAKOVČIĆ.
  • date: 2015-03-25T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=25487&l=en title: Results of vote in Parliament
  • date: 2015-03-25T00:00:00 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=P8-TA-2015-0084 title: T8-0084/2015 summary: Parliament decided to waive the immunity of Ivan JAKOVČIĆ (ADLE, HR). The lawyer of a private plaintiff has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Ivan Jakovčić, in connection with legal proceedings concerning an alleged offence of defamation. The request for waiver relates to criminal proceedings instituted against Mr Jakovčić under the Croatian Criminal Code in connection with defamatory statements that he is alleged to have made in an interview with HRT Croatian Radiotelevision on 22 July 2014. Under the Croatian Criminal Procedure Code, in the case of private prosecution the private charge must be submitted within three months of the day on which the authorised physical or legal person came to the knowledge of the offence and its perpetrator. Parliament should consider the request for the waiver of immunity without delay. According to Article 8 of the Protocol on the Privileges and Immunities of the European Union, 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. The purpose of this provision is to ensure that Members of the European Parliament enjoy freedom of speech as a matter of principle, but whereas this entitlement to free speech does not authorise slander, libel, incitement to hatred or questioning the honour of others. Parliament noted that Mr Jakovčić was a Member of the European Parliament at the time of the interview. However, the statements alleged to have been made relate to a matter which dates back to a time when he did not yet hold such office. It considered that as a consequence, the statements in question do not have a direct and obvious connection with Mr Jakovčić’s performance of his duties as a Member of the European Parliament nor do they constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament. In light of these considerations, Parliament decided to waive the parliamentary immunity of Mr Ivan JAKOVČIĆ.
  • date: 2015-03-25T00:00:00 type: End of procedure in Parliament body: EP
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    2015-11-04Show (4) Changes | Timetravel
    activities/0/docs/0/text

    • The Committee on Legal Affairs adopted the report by Tadeusz ZWIEFKA (EPP, PL) in which it recommended the European Parliament to decide to waive the immunity of Ivan JAKOVČIĆ (ADLE, HR).

      The lawyer of a private plaintiff has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Ivan Jakovčić, in connection with legal proceedings concerning an alleged offence of defamation.

      The request for waiver relates to criminal proceedings instituted against Mr Jakovčić under Article 147(1) and (2) of the Croatian Criminal Code in connection with defamatory statements that he is alleged to have made in an interview with HRT Croatian Radiotelevision on 22 July 2014.

      Members recalled that Mr Jakovčić was a Member of the European Parliament at the time of the interview. However, the statements alleged to have been made relate to a matter which dates back to a time when he did not yet hold such office.

      They considered that as a consequence, the statements in question do not have a direct and obvious connection with Mr Jakovčić’s performance of his duties as a Member of the European Parliament nor do they constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament.

      In light of these considerations, the committee recommended that the European Parliament should waive the parliamentary immunity of Mr Ivan JAKOVČIĆ.
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    • Parliament decided to waive the immunity of Ivan JAKOVČIĆ (ADLE, HR).

      The lawyer of a private plaintiff has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Ivan Jakovčić, in connection with legal proceedings concerning an alleged offence of defamation.

      The request for waiver relates to criminal proceedings instituted against Mr Jakovčić under the Croatian Criminal Code in connection with defamatory statements that he is alleged to have made in an interview with HRT Croatian Radiotelevision on 22 July 2014.

      Under the Croatian Criminal Procedure Code, in the case of private prosecution the private charge must be submitted within three months of the day on which the authorised physical or legal person came to the knowledge of the offence and its perpetrator. Parliament should consider the request for the waiver of immunity without delay.

      According to Article 8 of the Protocol on the Privileges and Immunities of the European Union, 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. The purpose of this provision is to ensure that Members of the European Parliament enjoy freedom of speech as a matter of principle, but whereas this entitlement to free speech does not authorise slander, libel, incitement to hatred or questioning the honour of others.

      Parliament noted that Mr Jakovčić was a Member of the European Parliament at the time of the interview. However, the statements alleged to have been made relate to a matter which dates back to a time when he did not yet hold such office. It considered that as a consequence, the statements in question do not have a direct and obvious connection with Mr Jakovčić’s performance of his duties as a Member of the European Parliament nor do they constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament.

      In light of these considerations, Parliament decided to waive the parliamentary immunity of Mr Ivan JAKOVČIĆ.
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    2015-03-31Show (2) Changes | Timetravel
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    2014-10-29Show (5) Changes
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