The Legal Affairs Committee adopted a report drafted by Aloyzas SAKALAS (PES, LT) and recommended that the European Parliament waive the immunity of Miloslav RANSDORF (GUE/NGL, CZ).
This follows a request, made on 9 July 2008, by a Commissioner of the Police of the Czech Republic, for the waiver of Mr Ransdorf's parliamentary immunity for the purposes of a criminal prosecution. According to the Czech authorities, on 8 June 2007, Mr Ransdorf was driving a private car in Prague when he struck and injured a female pedestrian at a zebra crossing. She sustained injuries which constituted bodily harm. By his action, Mr Ransdorf contravened the provisions of the road traffic act. There is also This reasonable suspicion that a criminal act - injury to health - was committed under the Criminal Code.
The committee felt that Articles 9 and 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965 did not apply in this case.
Furthermore, and following its established practice, the European Parliament could decide not to waive the immunity of one of its Members if a suspicion existed that the prosecution was based on an intention to prejudice the Member's political activities (fumus persecutionis). However, there is no clear evidence to that effect in this case.