5.2.2016   

EN

Official Journal of the European Union

C 45/97

—

having regard to the request for waiver of the immunity of Hans-Peter Martin, forwarded on 27 June 2012 by the Permanent Representative of Austria to the European Union in connection with a case pending before the Vienna Public Prosecutor’s Office, and announced in plenary on 12 December 2012,

—

having heard Hans-Peter Martin on 20 February 2013, in accordance with Rule 7(3) of its Rules of Procedure,

—

having regard to Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and to Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

—

having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010 and 6 September 2011 (1),

—

having regard to its decision of 13 September 2011 on the request for waiver of the immunity of Hans-Peter Martin (2),

—

having regard to the provisions of Article 57 of the Austrian Constitution,

—

having regard to Rules 6(2) and 7 of its Rules of Procedure,

—

having regard to the report of the Committee on Legal Affairs (A7-0106/2013),

A.

whereas Parliament decided on 13 September 2011 to waive the immunity of Hans-Peter Martin, Member of the European Parliament, following a request from the Vienna Public Prosecutor’s Office, forwarded on 29 April 2011 and announced in the plenary sitting of 12 May 2011, in connection with alleged offences relating to misappropriation of party funding, covered by Section 2(b) of the Law on Political Parties;

B.

whereas the Vienna Public Prosecutor’s Office has now requested an extended waiver of Hans-Peter Martin’s immunity, in order to be able to carry out preliminary investigations against him on the grounds of additional accusations that have been made, in particular concerning an alleged case of fraud;

C.

whereas the extended waiver of Hans-Peter Martin’s immunity concerns in particular the alleged offence of aggravated fraud under Sections 146 and 147(3) of the Austrian Criminal Code;

D.

whereas under Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy in the territory of their own state the immunities accorded to members of their parliament;

E.

whereas, under Article 57(2) of the Austrian Federal Constitutional Law, Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council — except where they are caught in the act of committing a crime — and whereas searches of the houses of members of the National Council likewise require the consent of the National Council; whereas, further to Article 57(3) of the Austrian Federal Constitutional Law, no official action on account of a punishable offence may be taken against members of the National Council without the National Council’s consent unless that offence is manifestly not connected with the political activity of the member in question and whereas, under that provision, the authority concerned must seek a decision from the National Council as to whether such a connection exists, where this is so requested by the member in question or one third of the members of the appropriate standing committee;

F.

whereas Article 9 of the Protocol on the Privileges and Immunities of the European Union and Article 57 of the Austrian Bundesverfassungsgesetz (Federal Constitutional Law) do not preclude the waiver of Hans-Peter Martin’s immunity;

G.

whereas it is therefore advisable that parliamentary immunity be waived in the case in question;

1.

Decides to waive the immunity of Hans-Peter Martin;

2.

Instructs its President to forward this decision and the report of its competent committee immediately to the appropriate authorities of Austria and to Hans-Peter Martin.