Parliament of the European Union Rules of Procedure

The Rules of Procedure of the European Union Parliament regulates some practical aspects concerning the immunity conferred on the members of the Parliament by the Protocol No. 7 on the Privileges and Immunities of the European Union.

Rule 5 Privileges and Immunities: the rule reminds that members of the Parliament enjoy the immunities laid down in the Protocol No. 7 on the Privileges and Immunities of the European Union. In addition, according to second paragraph of the rule, in exercising its powers on privileges and immunities, Parliament shall act to uphold its integrity as a democratic legislative assembly and to ensure the independence of its Members in the performance of their duties. Parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole, and of its Members.

Rule 6 Waiver of immunity: Any request for waiver of immunity shall be evaluated in accordance with Articles 7, 8 and 9 of the Protocol No 7 on the Privileges and Immunities of the European Union and with the principles referred to in Rule 5(2).

Rule 7 Defence of privileges and immunity: The Rule establishes a procedere for the defense of immunity. In particular, in cases where it is alleged that an infringement of the privileges and immunities of a Member or former Member (by the authorities of a Member State or by the European Public Prosecutor’s Office) has occurred or is about to occur, a member of the Parliament might file a request for a Parliament decision as to whether those privileges and immunities have been or are likely to be breached.

Rule 8 Urgent action by the President to assert immunity: The rule provides that, as a matter of urgency, in circumstances where a Member is arrested or has his or her freedom of movement curtailed in apparent breach of his or her privileges and immunities, the President may, after consulting the Chair and rapporteur of the committee responsible, take an initiative to assert the privileges and immunities of the Member concerned. In this case, the President shall notify the committee of that initiative and inform Parliament. According to the rule, when the President makes exercise the powers conferred on him or her by paragraph 1, the committee shall be informed of the President’s initiative at its next meeting. Where the committee deems it necessary, it may prepare a report for submission to Parliament.

Rule 9 Procedures on immunity: The requests under Rule 7 must be addressed to the President by a competent authority of a Member State or by the European Chief Prosecutor for the immunity of a Member to be waived, or by a Member or a former Member for privileges and immunities to be defended, shall be announced in Parliament and referred to the committee responsible. The Rule establishes that the committee shall consider, without delay but having regard to their relative complexity, requests for the waiver of immunity or requests for the defense of privileges and immunities, and it shall make a proposal for a reasoned decision which recommends the adoption or rejection of the request.