26.2.2016   

EN

Official Journal of the European Union

C 75/169

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having regard to the request for waiver of the immunity of Marine Le Pen, forwarded on 26 November 2012 by the Minister of Justice of the Republic of France in connection with a request dated 7 November 2012 from the Chief Prosecutor at the Lyon Court of Appeal, and announced in plenary on 10 December 2012,

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having heard Bruno Gollnisch MEP on behalf of Marine Le Pen in accordance with Rule 7(3) of its Rules of Procedure,

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having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union and Article 6(2) of the Act of 20 September 1976 concerning the election of the Members of the European Parliament by direct universal suffrage,

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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, 6 September 2011 and 17 January 2013 (1),

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having regard to Article 26 of the Constitution of the French Republic,

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

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having regard to the report of the Committee on Legal Affairs (A7-0236/2013),

A.

whereas the Chief Prosecutor at the Lyon Court of Appeal has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Marine Le Pen, in connection with a legal action concerning an alleged offence;

B.

whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State;

C.

whereas Article 26 of the Constitution of the French Republic provides that Members of the French Parliament shall not be subject to legal proceedings for opinions expressed or votes cast by them while carrying out their duties;

D.

whereas Marine Le Pen is accused of incitement to hatred, discrimination or violence against a group of persons on grounds of their religious affiliation, an offence provided for in French law, namely in Article 24(8), Article 23(1), and Article 42 of the Act of 29 juli 1881 and Article 93-3 of Act 82-652 of 29 July 1982, the penalties for which are laid down in Article 24, paragraphs 8, 10, 11 and 12, of the Act of 29 juli 1881 and Article 131-26(2) and (3) of the Criminal Code;

E.

whereas 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 or 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;

F.

whereas the accusation bears no relation to Marine Le Pen’s position as a Member of the European Parliament;

G.

whereas there is no reason to suspect the existence of a fumus persecutionis;

1.

Decides to waive the immunity of Marine Le Pen;

2.

Instructs its President to forward this decision and the report of its competent committee immediately to the Minister of Justice of the French Republic and to Marine Le Pen.