The Committee on Legal Affairs unanimously adopted the report draft by Cecilia WIKSTRÖM (ADLE, SE) in which it calls on the European Parliament to waive the immunity of Jarosław Leszek Wałęsa (EPP, PL).
The request by the Public Prosecutor of Poland relates to proceedings concerning an alleged road traffic offence in relation to a traffic accident on 2 September 2011 in Poland in which Jarosław Leszek Wałęsa was involved and in which he was severely injured.
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. However, Mr Wałęsa declined to be heard by the Committee on Legal Affairs, but has indicated that he prefers a quick conclusion of this issue and is of the opinion that his immunity should be waived.
The committee recalls that 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 immunity.
Given the facts of the case indicate that the alleged activities do not have a direct, obvious connection with Jarosław Leszek Wałęsa’s performance of his duties as a Member of the European Parliament, Members consider that immunity should be waived in this case.
The committee recommends that the European Parliament should waive the Parliamentary immunity of Jarosław Leszek Wałęsa.