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2015/2339(IMM) Request for the waiver of the immunity of Bolesław G. Piecha

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI LEBRETON Gilles (icon: ENF ENF)
Lead committee dossier:
Legal Basis:
RoP 6

Events

2016/04/28
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2016/04/28
   EP - Decision by Parliament
Details

The European Parliament decided to waive the immunity of Bolesław G. PIECHA (ECR, PL).

To recall, the Prosecutor-General of the Republic of Poland forwarded a request from the Polish General Inspector of Road Transport for waiver of the immunity of Bolesław G. Piecha concerning an offence under Article 92a of the Code of Petty Offences of 20 May 1971 in conjunction with Article 20(1) of the Road Traffic Act of 20 June 1997. In particular, the alleged offence involves exceeding the permitted speed limit in a built-up area.

The alleged offence took place before Bolesław G. Piecha became a Member of the European Parliament and Parliament stated that it has no direct or obvious bearing on Bolesław G. Piecha’s exercise of his duties at the European Parliament.

Moreover, Bolesław G. Piecha sent a statement to the Polish General Inspectorate of Road Transport, in response to the report of the offence by the Inspector General of that Inspectorate, in which he agreed to pay the fine for the offence under Article 92a of the Code of Petty Offences. Therefore, in this case it is difficult to establish evidence of fumus persecutionis, that is to say, a sufficiently serious and precise suspicion that the request has been made with the intention of causing political damage to the Member concerned.

Under these conditions, Parliament decided to waive the immunity of Bolesław G. Piecha.

Documents
T8-0141/2016
2016/04/28
   EP - End of procedure in Parliament
2016/04/26
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted the report by Gilles LEBRETON (ENF, FR) in which it recommended the European Parliament to waive the immunity of Bolesław G. PIECHA (ECR, PL).

Members stated that the Prosecutor-General of the Republic of Poland forwarded a request from the Polish General Inspector of Road Transport for waiver of the immunity of Bolesław G. Piecha concerning an offence under Article 92a of the Code of Petty Offences of 20 May 1971 in conjunction with Article 20(1) of the Road Traffic Act of 20 June 1997. In particular, the alleged offence involves exceeding the permitted speed limit in a built-up area.

Members recalled that Articles 105(2) and 108 of the Constitution of the Republic of Poland state that a deputy or a senator shall not be subject to criminal accountability without the consent of the Sejm or of the Senate respectively.

Recalling that the alleged offence took place before Bolesław G. Piecha became a Member of the European Parliament and that it has no direct or obvious bearing on Bolesław G. Piecha’s exercise of his duties at the European Parliament, Members called on the European Parliament to waive its parliamentary immunity.

Documents
A8-0152/2016
2016/04/20
   EP - Vote in committee
2015/12/14
   EP - LEBRETON Gilles (ENF) 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
events/0/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
events/1
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2016-04-26T00:00:00
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Committee report tabled for plenary
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2016-04-28T00:00:00
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summary
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/Other legal basis
Rules of Procedure EP 159
2020-01-19Show (4) Changes | Timetravel
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
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False
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name: LEBRETON Gilles date: 2015-12-14T00:00:00 group: Europe of Nations and Freedom abbr: ENF
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Legal Affairs
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2015-12-14T00:00:00
rapporteur
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events/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0152&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-8-2016-0152_EN.html
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0141
New
http://www.europarl.europa.eu/doceo/document/TA-8-2016-0141_EN.html
2019-07-06Show (11) Changes | Timetravel
activities
  • date: 2016-04-20T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2015-12-14T00:00:00 committee_full: Legal Affairs rapporteur: group: ENF name: LEBRETON Gilles
  • date: 2016-04-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0152&language=EN type: Committee report tabled for plenary, single reading title: A8-0152/2016 body: EP type: Committee report tabled for plenary, single reading
  • date: 2016-04-28T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=27135&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-2016-0141 type: Decision by Parliament, 1st reading/single reading title: T8-0141/2016 body: EP type: Results of vote in Parliament
committees/0
type
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body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
date
2015-12-14T00:00:00
rapporteur
name: LEBRETON Gilles group: Europe of Nations and Freedom abbr: ENF
committees/0
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JURI
date
2015-12-14T00:00:00
committee_full
Legal Affairs
rapporteur
group: ENF name: LEBRETON Gilles
events
  • date: 2016-04-20T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-04-26T00:00:00 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=A8-2016-0152&language=EN title: A8-0152/2016 summary: The Committee on Legal Affairs adopted the report by Gilles LEBRETON (ENF, FR) in which it recommended the European Parliament to waive the immunity of Bolesław G. PIECHA (ECR, PL). Members stated that the Prosecutor-General of the Republic of Poland forwarded a request from the Polish General Inspector of Road Transport for waiver of the immunity of Bolesław G. Piecha concerning an offence under Article 92a of the Code of Petty Offences of 20 May 1971 in conjunction with Article 20(1) of the Road Traffic Act of 20 June 1997. In particular, the alleged offence involves exceeding the permitted speed limit in a built-up area. Members recalled that Articles 105(2) and 108 of the Constitution of the Republic of Poland state that a deputy or a senator shall not be subject to criminal accountability without the consent of the Sejm or of the Senate respectively. Recalling that the alleged offence took place before Bolesław G. Piecha became a Member of the European Parliament and that it has no direct or obvious bearing on Bolesław G. Piecha’s exercise of his duties at the European Parliament, Members called on the European Parliament to waive its parliamentary immunity.
  • date: 2016-04-28T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27135&l=en title: Results of vote in Parliament
  • date: 2016-04-28T00:00:00 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-2016-0141 title: T8-0141/2016 summary: The European Parliament decided to waive the immunity of Bolesław G. PIECHA (ECR, PL). To recall, the Prosecutor-General of the Republic of Poland forwarded a request from the Polish General Inspector of Road Transport for waiver of the immunity of Bolesław G. Piecha concerning an offence under Article 92a of the Code of Petty Offences of 20 May 1971 in conjunction with Article 20(1) of the Road Traffic Act of 20 June 1997. In particular, the alleged offence involves exceeding the permitted speed limit in a built-up area. The alleged offence took place before Bolesław G. Piecha became a Member of the European Parliament and Parliament stated that it has no direct or obvious bearing on Bolesław G. Piecha’s exercise of his duties at the European Parliament. Moreover, Bolesław G. Piecha sent a statement to the Polish General Inspectorate of Road Transport, in response to the report of the offence by the Inspector General of that Inspectorate, in which he agreed to pay the fine for the offence under Article 92a of the Code of Petty Offences. Therefore, in this case it is difficult to establish evidence of fumus persecutionis, that is to say, a sufficiently serious and precise suspicion that the request has been made with the intention of causing political damage to the Member concerned. Under these conditions, Parliament decided to waive the immunity of Bolesław G. Piecha.
  • date: 2016-04-28T00:00:00 type: End of procedure in Parliament body: EP
links
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    Old
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    New
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    Rules of Procedure of the European Parliament EP 006
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    • 8.40.01.03 Members' immunity
    New
    8.40.01.03
    Members' immunity
    2016-11-26Show (8) Changes | Timetravel
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    Request for the waiver of parliamentary immunity of Bolesław G. Piecha
    New
    Request for the waiver of the immunity of Bolesław G. Piecha
    2015-12-08Show (5) Changes
    activities
      committees
      • body: EP responsible: True committee_full: Legal Affairs committee: JURI
      links
      other
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        dossier_of_the_committee
        JURI/8/05217
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        2015/2339(IMM)
        title
        Request for the waiver of parliamentary immunity of Bolesław G. Piecha
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        Rules of Procedure of the European Parliament EP 006
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        subtype
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