The news that three more people have been brought to Brussels on suspicion of bribery from a "Gulf country", within the European Parliament, the Belgian federal prosecutor's office has announced, intensifying investigations by the authorities in Brussels.
The European Parliament corruption scandal from Qatar reportedly involves Eva Kaili.[/B] The MEP, who is protected by immunity, was summoned and is being questioned by Belgian authorities, according to the latest information, while her husband, Francesco Georgie, was arrested on Friday morning.
Belgian MEP Mark Tarabella and his colleague Marie Arenas - both from the Social Democrats - are also being questioned in the same case.
What is provided for MEPs' immunity
Parliamentary immunity is not a personal privilege of an MEP, but a guarantee that MEPs can freely exercise their mandate without being exposed to arbitrary political persecution. It is thus a guarantee of the independence and integrity of Parliament as a whole.
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.
The immunity of a Member of the European Parliament has two aspects:
within the territory of his or her own State and is similar to the immunities accorded to members of the Parliament of his or her own country; and
within the territory of other Member States and confers immunity from any measure of detention and from legal proceedings.
Immunity shall not apply where a Member is caught in the act.
How is immunity waived or defended?
If the competent national authorities ask the European Parliament to waive a Member's immunity (or if a Member or former Member requests that his or her immunity be defended), the President of Parliament announces in plenary that Parliament has received the request and refers it to the committee responsible, i.e. the Committee on Legal Affairs.
The committee may request any information or explanation it deems necessary. The Member concerned must be given the opportunity to express his or her point of view and may produce documents or other written evidence which he or she considers useful.
In camera, the committee shall adopt a report recommending to Parliament as a body to approve or reject the request, i.e. to waive or uphold the immunity of the Member concerned. At the first plenary session following the committee's decision, Parliament shall decide on the matter by a simple majority. After the vote, the President of the EP shall immediately communicate Parliament's decision to the MEP concerned and to the competent authorities of the Member State concerned.
Do MEPs retain their seats even if their immunity is waived?
Yes. The mandate of MEPs is a national mandate and cannot be removed by any other authority. Furthermore, the waiver of immunity does not constitute a verdict on the guilt or otherwise of the MEP. It merely enables the national judicial authorities to take appropriate action, i.e. to conduct an investigation or trial. As MEPs are elected in accordance with national electoral law, if an MEP is found guilty of a criminal offence involving disqualification from holding office, it is up to the authorities of the Member State to inform Parliament.
Source: Proto Thema
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