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2016/2028(IMM) Request for the defence of the privileges and immunities of Mario Borghezio

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI DZHAMBAZKI Angel (icon: ECR ECR)
Lead committee dossier:
Legal Basis:
RoP 7

Events

2016/10/25
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2016/10/25
   EP - Decision by Parliament
Details

The European Parliament decided not to defend the privileges and immunities of Mario BORGHEZIO (ENF, IT).

Parliament recalled that the issue concerns criminal proceedings pending before the Court of Milan, for statements made during a radio programme, when he commented on the appointment and competence of a new member of the Italian Government, namely the new Minister for Integration (Cécile Kyenge), and advocated ideas founded on superiority and racial or ethnic hatred.

The resolution noted that 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. It also noted that the Court of Justice has held, that, in order to enjoy immunity, an opinion must be expressed by a Member of the European Parliament in the performance of his duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties. Since the facts of the case indicate that the statements made during the interview have no direct and obvious connection with Mario Borghezio’s parliamentary activities, and since the statements are contrary to Article 21 of the Charter of Fundamental Rights of the European Union, the European Parliament decided not to defend the immunity and privileges of Mario Borghezio.

Documents
T8-0397/2016
2016/10/25
   EP - End of procedure in Parliament
2016/10/20
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted the report by Angel DZHAMBAZKI (ECR, BG), and recommended that the European Parliament not defend the immunity and privileges of Mario BORGHEZIO (ENF, IT).

Members recalled that the issue concerns criminal proceedings pending before the Court of Milan. According to the notice served by the Public Prosecutor’s Office, Mr Borghezio is alleged to have advocated ideas founded on superiority and racial or ethnic hatred during a radio programme, which behaviour is punishable under Article 1(a) of Italian Law No 205/1993. During the radio programme in question, Mario Borghezio was asked to comment on the appointment and competence of a new member of the Italian Government, namely the new Minister for Integration.

Members noted that 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. They also noted that the Court of Justice has held, that, in order to enjoy immunity, an opinion must be expressed by a Member of the European Parliament in the performance of his duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties. The facts of the case, as manifested in the documents provided to the Committee on Legal Affairs and in the hearing before the latter, indicate that the statements he made during the interview have no direct and obvious connection with his parliamentary activities. Furthermore, the statements are contrary to Article 21 of the Charter of Fundamental Rights of the European Union.

Accordingly, the committee called on Parliament not to defend the immunity and privileges of Mario Borghezio.

Documents
A8-0312/2016
2016/10/12
   EP - Vote in committee
2016/02/18
   EP - DZHAMBAZKI Angel (ECR) appointed as rapporteur in JURI

Activities

History

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

2021-12-18Show (5) Changes | Timetravel
events/0/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
events/1
date
2016-10-20T00:00:00
type
Committee report tabled for plenary
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EP
docs
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summary
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2016-10-20T00:00:00
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Committee report tabled for plenary, single reading
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docs
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summary
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date
2016-10-25T00:00:00
type
Decision by Parliament
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EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-8-2016-0397_EN.html title: T8-0397/2016
summary
events/3
date
2016-10-25T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-8-2016-0397_EN.html title: T8-0397/2016
summary
2020-01-19Show (4) Changes | Timetravel
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
rapporteur
name: DZHAMBAZKI Angel date: 2016-02-18T00:00:00 group: European Conservatives and Reformists abbr: ECR
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
date
2016-02-18T00:00:00
rapporteur
name: DZHAMBAZKI Angel group: European Conservatives and Reformists abbr: ECR
events/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0312&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-8-2016-0312_EN.html
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0397
New
http://www.europarl.europa.eu/doceo/document/TA-8-2016-0397_EN.html
2019-07-06Show (11) Changes | Timetravel
activities
  • date: 2016-10-12T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: JURI date: 2016-02-18T00:00:00 committee_full: Legal Affairs rapporteur: group: ECR name: DZHAMBAZKI Angel
  • date: 2016-10-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0312&language=EN type: Committee report tabled for plenary, single reading title: A8-0312/2016 body: EP type: Committee report tabled for plenary, single reading
  • date: 2016-10-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0397 type: Decision by Parliament, 1st reading/single reading title: T8-0397/2016 body: EP type: Decision by Parliament, 1st reading/single reading
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
date
2016-02-18T00:00:00
rapporteur
name: DZHAMBAZKI Angel group: European Conservatives and Reformists abbr: ECR
committees/0
body
EP
responsible
True
committee
JURI
date
2016-02-18T00:00:00
committee_full
Legal Affairs
rapporteur
group: ECR name: DZHAMBAZKI Angel
events
  • date: 2016-10-12T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-10-20T00:00:00 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=A8-2016-0312&language=EN title: A8-0312/2016 summary: The Committee on Legal Affairs adopted the report by Angel DZHAMBAZKI (ECR, BG), and recommended that the European Parliament not defend the immunity and privileges of Mario BORGHEZIO (ENF, IT). Members recalled that the issue concerns criminal proceedings pending before the Court of Milan. According to the notice served by the Public Prosecutor’s Office, Mr Borghezio is alleged to have advocated ideas founded on superiority and racial or ethnic hatred during a radio programme, which behaviour is punishable under Article 1(a) of Italian Law No 205/1993. During the radio programme in question, Mario Borghezio was asked to comment on the appointment and competence of a new member of the Italian Government, namely the new Minister for Integration. Members noted that 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. They also noted that the Court of Justice has held, that, in order to enjoy immunity, an opinion must be expressed by a Member of the European Parliament in the performance of his duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties. The facts of the case, as manifested in the documents provided to the Committee on Legal Affairs and in the hearing before the latter, indicate that the statements he made during the interview have no direct and obvious connection with his parliamentary activities. Furthermore, the statements are contrary to Article 21 of the Charter of Fundamental Rights of the European Union. Accordingly, the committee called on Parliament not to defend the immunity and privileges of Mario Borghezio.
  • date: 2016-10-25T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27745&l=en title: Results of vote in Parliament
  • date: 2016-10-25T00:00:00 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-2016-0397 title: T8-0397/2016 summary: The European Parliament decided not to defend the privileges and immunities of Mario BORGHEZIO (ENF, IT). Parliament recalled that the issue concerns criminal proceedings pending before the Court of Milan, for statements made during a radio programme, when he commented on the appointment and competence of a new member of the Italian Government, namely the new Minister for Integration (Cécile Kyenge), and advocated ideas founded on superiority and racial or ethnic hatred. The resolution noted that 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. It also noted that the Court of Justice has held, that, in order to enjoy immunity, an opinion must be expressed by a Member of the European Parliament in the performance of his duties, thus entailing the requirement of a link between the opinion expressed and the parliamentary duties. Since the facts of the case indicate that the statements made during the interview have no direct and obvious connection with Mario Borghezio’s parliamentary activities, and since the statements are contrary to Article 21 of the Charter of Fundamental Rights of the European Union, the European Parliament decided not to defend the immunity and privileges of Mario Borghezio.
  • date: 2016-10-25T00:00:00 type: End of procedure in Parliament body: EP
links
other
    procedure/dossier_of_the_committee
    Old
    JURI/8/05852
    New
    • JURI/8/05852
    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
    procedure/title
    Old
    Request for the defence of the immunity of Mario Borghezio
    New
    Request for the defence of the privileges and immunities of Mario Borghezio
    2016-11-22Show (4) Changes | Timetravel
    activities/0
    date
    2016-10-12T00:00:00
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    EP
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    New
    Procedure completed
    2016-09-10Show (1) Changes | Timetravel
    procedure/title
    Old
    Request for the defence of parliamentary immunity of Mario Borghezio
    New
    Request for the defence of the immunity of Mario Borghezio
    2016-02-26Show (5) Changes
    activities
      committees
      • body: EP responsible: True committee: JURI date: 2016-02-18T00:00:00 committee_full: Legal Affairs rapporteur: group: ECR name: DZHAMBAZKI Angel
      links
      other
        procedure
        dossier_of_the_committee
        JURI/8/05852
        reference
        2016/2028(IMM)
        title
        Request for the defence of parliamentary immunity of Mario Borghezio
        legal_basis
        Rules of Procedure of the European Parliament EP 006
        stage_reached
        Awaiting committee decision
        subtype
        Defence of immunity
        type
        IMM - Members' immunity
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        8.40.01.03 Members' immunity
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