The Committee on Legal Affairs adopted the report by Sajjad KARIM (ECR, UK) on the request for waiver of the immunity of Marine LE PEN (ENF, FR).
As a reminder, the Prosecutor-General at the Court of Appeal requested the waiver of immunity of a Member of the European Parliament, Marine Le Pen, in connection with a legal action concerning an alleged offence of public defamation against a publicly-elected official.
On 28 July 2015, Christian Estrosi filed with the senior examining magistrate in Nice (FR) an application to join a civil action to legal proceedings against Marine Le Pen on the grounds of public defamation. He asserted that on 3 May 2015, during the programme Le Grand Rendez-vous, which was broadcast simultaneously on iTÉLÉ and Europe 1, Marine Le Pen stated that Christian Estrosi financed indirectly the Union of Islamic Organisations in France, by according it a low rent for its mosque in Nice.
Marine Le Pen has twice been called for examination, but has informed the Court, via her lawyer, that she enjoyed immunity in her capacity as a Member of the European Parliament.
Members recalled that under Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union, 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 alleged action does not have a direct or obvious connection with Marine Le Pen’s performance of her duties as a Member of the European Parliament, nor do the words uttered by her constitute opinions expressed or votes cast in the performance of her duties as a Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union.
Therefore, the committee on legal affairs recommended the European Parliament to waive the immunity of Marine Le Pen.