Protocol No. 7 on the Privileges and Immunities of the European Union
Type of Document: Treaties
International Organization: European Union
Year: 2004
Country: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Romania, Slovakia, Slovenia, Spain, Sweden
The Protocol establishes the Privileges and Immunities conferred on the European Union, its organ and its officials.
In particular, as regard, immunity from legal process, the Protocol 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. During the sessions of the European Parliament, its members shall enjoy in their own State the immunities accorded to members of their Parliament and, in the territory of any other Member State immunity from any measure of detention and from legal proceedings (Article 8 and 9).
Officials and the other servants of the European Union are immune from legal proceedings in respect of acts performed by them in their officials capacity (Article 11).
Privileges, immunities and facilities shall be accorded to officials and other servants of the Union solely in the interests of the Union. Each institution of the Union shall be required to waive the immunity accorded to an official or other servant wherever that institution considers that the waiver of such immunity is not contrary to the interests of the Union (Article 17).