I wonder if MEPs have diplomatic immunity
Sort of.. But the European Parliament can decide to waive a members immunity
I can see any reasons for other MEPs to not be sympathetic though 😆
Specific provisions relate to the position of Members of European Parliament. Thus, Article 8 provides that “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 Article 9 lists a number of specific rules “during the sessions of the European Parliament”
In a case concerning an MEP, the Court of Justice had a chance to interpret the provisions in the Protocol in this regard. The applicant, Mr Bruno Gollnisch, was a Member of the European Parliament, but also a Regional Councillor of the Rhône-Alps region, France. On 11 October 2004, he held a press conference at his political base in Lyon, discussing a number of politically sensitive issues. The press release formed a reason for the French Minister for Justice to order the opening of a police investigation, in particular regarding certain statements, which were regarded as calling into question the crimes against humanity committed by the National Socialist regime. Mr. Gollnisch filed a request for defence of his immunity. However, the European Parliament after examining the request, decided to waive his immunity and not to defend it. As a result, Mr. Gollnisch brought an action before the General Court seeking annulment of the decision of the Parliament and compensation for the non-material damage which he claims to have suffered. In relation to the immunities of the EU (or the European Communities at the time) as well as of MEPs, the Court of Justice held that:
“while the privileges and immunities conferred on the European Communities by the Protocol have a functional character, inasmuch as they are intended to avoid any interference with the functioning and independence of the Communities, the fact remains that they have been expressly accorded to Members of the Parliament and to officials and other staff of the Community institutions. The fact that the privileges and immunities have been provided in the public interest of the Community justifies the power given to the institutions to waive the immunity where appropriate but does not mean that these privileges and immunities are granted to the Community exclusively and not also to its officials, to other staff and to Members of the Parliament. Therefore the Protocol confers an individual right on the persons concerned, compliance with which is ensured by the system of rights of recourse established by the Treaty.”
The General Court rejected both actions brought by Mr. Gollnisch saying that the press release is irrelevant to his parliamentary duties since it was published by the Front National group of the Rhône-Alpes, of which he was president. The case underlines the classic functional approach in relation to the immunities of international organizations and the Court points to a clear distinction between the acts of MEPs as MEPs and other acts.
I don’t think blows to head qualify as an opinion though.
Posted 7 years ago
