Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-06-30-Speech-1-050"
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"en.20030630.8.1-050"2
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"Mr President, as a member of the Committee on Legal Affairs and the Internal Market, I fully agree, of course, with what the rapporteur has just said. I would, however, like to point out to you, Mr President, and to the House, a further consideration which the rapporteur, not being of Italian origin, was not able to highlight. Mr Musotto is already on trial in Italy for this incident. In this situation, and in many similar situations too, a principle is being overlooked inasmuch as we take as a basis – or some people do – the erroneous interpretation of what is, in actual fact, the law. The Treaties lay down that we are all subject on national territory to the laws, and therefore the immunities, which apply to the national parliaments. In our case, however, we are not taking into account – or someone, in Mr Musotto’s case, has not taken into account, and that is why I am pointing it out, Mr President – the fact that the immunity granted to the European Parliament – not to its Members but to Parliament itself – is, in any case, completely independent of national arrangements. No one – neither the Court nor the Public Prosecution Department which has opened the proceedings relating to
Mr Musotto
has applied to the European Parliament for authorisation: there has been no request or notification. Mr Musotto has had to make the request and inform us of his situation himself; the Presidency and the Committee on Legal Affairs have expressed an opinion and the opinion will now, with tomorrow’s vote, provided that it is still in line with the Committee on Legal Affairs’ proposal, become a Parliamentary document.
Mr President, it is essential that the outcome of tomorrow’s vote is enforced outside this House
too, where the Public Prosecution Department in question is concerned, for it is essential not just that it is clear to everybody but – seeing as so much hangs on that word ‘immunity’
in my country – that it is enforced as a general principle as well as in the case in point. Parliament is autonomous, and this has been practice and consolidated case law since Parliament was first established, since Parliament was elected by universal suffrage: too many people forget this. I therefore ask, Mr President, not just for the House’s decision to be communicated to those to whom it directly relates but for a clear, precise, unambiguous principle to be established, which, thus far, has certainly not been followed by certain courts."@en1
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