STUDY Requested by the JURI committee Handbook on the incompatibilities and immunity of the Members of the European Parliament Authors: Roberta PANIZZA, Eeva PAVY EN Directorate-General for Internal Policies PE 621.936 - March 2020 Handbook on the incompatibilities and immunity of the Members of the European Parliament Abstract Upon request by the Committee on Legal Affairs, this handbook, provided by the Constitutional Affairs, summarises, in its first part, the EU legal framework on the incompatibilities and immunity of Members of the European Parliament. Based on national reports, the second part of the handbook gives an overview, for each EU Member State, of the relevant national provisions on the composition of national governments and parliaments as well as those on national parliamentary immunities. This handbook will be updated regularly based on information received; please hold as reference the date of edition. This document was requested by the European Parliament's Committee on Legal Affairs. AUTHORS Roberta PANIZZA and Eeva PAVY Policy Department C - Citizens' Rights and Constitutional Affairs, European Parliament ADMINISTRATOR RESPONSIBLE Eeva PAVY EDITORIAL ASSISTANT Fabienne VAN DER ELST LINGUISTIC VERSIONS Original: EN ABOUT THE EDITOR Policy departments provide in-house and external expertise to support EP committees and other parliamentary bodies in shaping legislation and exercising democratic scrutiny over EU internal policies. To contact the Policy Department or to subscribe for updates, please write to: Policy Department fo European Parliament B-1047 Brussels Email: [email protected] Manuscript completed in March 2020 © European Union, 2020 This document is available on the internet at: http://www.europarl.europa.eu/supporting-analyses DISCLAIMER AND COPYRIGHT The opinions expressed in this document are the sole responsibility of the authors and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the European Parliament is given prior notice and sent a copy. © Cover image used under licence from Shutterstock.com Handbook on the incompatibilities and immunity of the Members of the European Parliament CONTENTS LIST OF TABLES 21 INTRODUCTORY REMARKS 22 ACKNOWLEDGEMENTS 22 PART I - EU LEGAL FRAMEWORK ON THE INCOMPATIBILITIES AND IMMUNITY OF THE MEMBERS OF THE EUROPEAN PARLIAMENT 23 1. Parliamentary immunities an overview 23 1.1. Absolute immunity for opinions and votes (Article 8 of the PPI) 24 1.2. Immunity from prosecution, arrest and detention (Article 9 of the PPI) 25 1.3. Relationship between the immunities granted by Articles 8 and 9 of the PPI and the privilege provided for by Article 7 of the PPI 26 1.4. Immunities and fundamental rights: finding the right balance 27 2. Absolute immunity for opinions and votes (Article 8 of the PPI) 29 2.1. Duration of the non-liability 29 2.2. Scope of the non-liability 30 2.2.1. 31 2.2.2. 32 2.3. Who decides whether the principle of absolute immunity applies? 34 3. Immunity from prosecution, arrest and detention (Article 9 of the PPI) 36 3.1. Duration of the immunity 37 3.2. Scope of the immunity 38 4. Procedures and general principles 40 4.1. Defence of privilege and immunities 40 4.2. Immunity procedures 42 4.2.1. Ordinary procedure for waiver or defence of immunity 42 4.2.2. Urgent procedure 43 4.3. General principles 43 5. Incompatibilities with the office of Member of the European Parliament 45 PART II - NATIONAL REPORTS 47 BELGIUM 49 1. National legal provisions determining the scope and the content of the incompatibilities as referred to by the first indent of Article 7(1) and by Article 7(2) of the 1976 Act 49 1.1 Member of the Government of a Member State. 49 1.1.1 Legal provisions on the composition of the Belgian federal government 49 1.1.2 Denomination of the members of the Belgian federal government 49 PE 621.936 3 IPOL | 1.1.3. Date of the beginning of the term of office 50 1.2. Member of a national parliament 50 1.2.1. Legal provisions on the composition of the Belgian federal parliament 50 1.2.2. Denomination of the members of the Belgian Federal Parliament 50 1.2.3. Date of the beginning of the term of office 51 1.3. National authority competent to communicate cases of incompatibility to the European Parliament 52 2. National immunities as referred to in Article 9 first paragraph point (a) of Protocol (No 7) on the privileges and immunities of the European Union 53 2.1. Legal provisions on the national parliamentary immunities 53 2.1.1. Constitution 53 2.1.2. Implementing provisions 54 2.2. Scope and content of national parliamentary immunities 54 2.2.1. Non-liability principle (Article 58 of the Constitution) 54 2.2.2. Immunity (Article 59 of the Constitution) 54 2.3. National authority entitled to request the immunity of a Belgian member of the European Parliament to be waived 55 BULGARIA 56 1. National legal provisions determining the scope and the content of the incompatibilities as referred to by the first indent of Article 7(1) and by Article 7(2) of the 1976 Act 56 1.1. Member of the Government of a Member State 56 1.1.1. Legal provisions on the composition of the Bulgarian government 56 1.1.2. Denomination of the members of the Bulgarian government 56 1.1.3. Date of the beginning of the term of office 56 1.2. Member of a national parliament 57 1.2.1. Legal provisions on the composition of the Bulgarian Parliament 57 1.2.2. Denomination of the members of the Bulgarian Parliament 57 1.2.3. Date of the beginning of the term of office 57 1.3. National authority competent to communicate cases of incompatibility to the European Parliament 58 2. National immunities as referred to in Article 9 first paragraph point (a) of Protocol (No 7) on the privileges and immunities of the European Union 60 2.1. Legal provisions on the national parliamentary immunities 60 2.1.1. Constitution 60 2.1.2. Implementing provisions 60 2.2. Scope and content of national parliamentary immunities 61 2.2.1. Non-liability principle (Article 69 of the Constitution) 61 4 PE 621.936 Handbook on the incompatibilities and immunity of the Members of the European Parliament 2.2.2. Immunity (Article 70 of the Constitution) 61 2.3. National authority entitled to request the immunity of a Bulgarian Member of the European Parliament to be waived 62 CZECH REPUBLIC 63 1. National legal provisions determining the scope and the content of the incompatibilities as referred to by the first indent of Article 7(1) and by Article 7(2) of the 1976 Act 63 1.1. Member of the Government of a Member State 63 1.1.1 Legal provisions on the composition of the Czech government 63 1.1.2. Denomination of the members of the Czech government 63 1.1.3. Date of the beginning of the term of office 64 1.2. Member of a national parliament 64 1.2.1. Legal provisions on the composition of the Czech Parliament 64 1.2.2. Denomination of the members of the Czech Parliament 64 1.2.3. Date of the beginning of the term of office 65 1.3. National authority competent to communicate cases of incompatibility to the European Parliament 66 2. National immunities as referred to in Article 9 first paragraph point (a) of Protocol (No 7) on the privileges and immunities of the European Union 67 2.1. Legal provisions on the national parliamentary immunities 67 2.1.1. Constitution 67 2.1.2. Implementing provisions 68 2.2. Scope and content of national parliamentary immunities 68 2.2.1. Non-liability principle (Article 27(1) and (2) of the Constitution) 68 2.2.2. Immunity (Article 27(3), (4) and (5) of the Constitution) 68 2.3. National authority entitled to request the immunity of a Czech member of the European Parliament to be waived 68 DENMARK 69 1. National legal provisions determining the scope and the content of the incompatibilities as referred to by the first indent of Article 7(1) and by Article 7(2) of the 1976 Act 69 1.1. Member of the Government of a Member State 69 1.1.1. Legal provisions on the composition of the Danish government 69 1.1.2. Denomination of the members of the Danish government 69 1.1.3. Date of the beginning of the term of office 69 1.2. Member of a national parliament 70 1.2.1. Legal provisions on the composition of the Danish Parliament 70 1.2.2. Denomination of the members of the Danish Parliament 70 1.2.3. Date of the beginning of the term of office 70 PE 621.936 5 IPOL | 1.3. National authority competent to communicate cases of incompatibility to the European Parliament 71 2. National immunities as referred to in Article 9 first paragraph point (a) of Protocol (No 7) on the privileges and immunities of the European Union 72 2.1. Legal provisions on the national parliamentary immunities 72 2.1.1. Constitution 72 2.1.2. Implementing provisions 72 2.2. Scope and content of national parliamentary immunities 72 2.2.1. Non-liability principle (Article 57, second sentence of the Constitutional Act)72 2.2.2. Immunity (Article 57, first sentence, of the Constitutional Act) 72 2.3. National authority entitled to request the immunity of a Danish member of the European Parliament to be waived 73 GERMANY 74 1.