The Committee on Legal Affairs unanimously adopted the report draft by Francesco Enrico SPERONI (ELD, IT) in which it calls on the European Parliament to waive the immunity of Birgit COLLIN-LANGEN (EPP, DE).
The request to waive immunity relates to proceedings concerning an alleged offence under Section 331 of the German Criminal Code (corruption).
The committee recalls that according to Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members shall enjoy, in the territory of their own State, the immunities accorded to members of their Parliament. It also recalls that under Article 46(2) of the German Basic Law (Grundgesetz), a Member may not be called to account for a punishable offence without the permission of Parliament unless apprehended while committing the offence or in the course of the following day.
Consequently, Parliament must thus waive the parliamentary immunity of Birgit Collin-Langen if the proceedings against her are to go ahead.
Birgit Collin-Langen has been heard by the Committee on Legal Affairs, where she asked for a quick conclusion of this issue and declared that her immunity should be waived.
However, whether immunity is or is not to be waived in a given case is for Parliament alone to decide. Parliament may reasonably take account of the Member’s position in reaching its decision to waive or not to waive his/her immunity.
Given that the facts of the case date back to 2006-2008 and the alleged activities do not have a direct, obvious connection with Birgit Collin-Langen’s performance of her duties as a Member of the European Parliament, the committee recommends that the European Parliament should waive the parliamentary immunity of Birgit COLLIN-LANGEN.