Request for the waiver of the immunity of Sophie Montel

The European Parliament decided to waive the immunity of Sophie Montel (NI, FR).

As a reminder, the request for waiver of the immunity of Sophie Montel forwarded on 21 February 2018 by the Minister of Justice of the French Republic in connection with a judicial inquiry opened against Sophie Montel at the Nanterre Regional Court in response to an application with joinder filed by the ‘Maison des Potes – Maison de l’Égalité’ association on grounds of public incitement to racial or religious discrimination.

The complaint concerned statements made in a brochure entitled ‘Handbook for Front National local councillors’, published on 19 September 2013 and posted on the official website of the Front National federation on 30 November 2013, that encouraged any National Front candidates elected to the post of local councillor in the elections held on 23 and 30 March 2014 to recommend, at the first sitting of their new local council, that priority should be given to French people (‘priorité nationale’) when allocating social housing.

Sophie Montel was at the time responsible for coordinating elected representatives in the general secretariat. She was not a Member of the European Parliament when the alleged offence took place, but the allegedly offensive materials were still available for consultation by anyone wishing to access.

Parliament considered that the charges are manifestly unrelated to the position of Sophie Montel as a Member of the European Parliament and concern instead activities of a national or regional nature. It also considered the alleged actions do not relate to opinions expressed or votes cast by the Member in the performance of her duties as a Member of the European Parliament within the meaning of Article 8 of Protocol No 7 on the privileges and immunities of the European Union.

Moreover, according to Parliament, there is no reason to suspect that the intention underlying the legal proceedings, submitted before the Member assumed her seat in the European Parliament, is to obstruct the parliamentary work of Sophie Montel (fumus persecutionis).