19.2.2016   

EN

Official Journal of the European Union

C 65/182

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having regard to the request for waiver of the immunity of Alexander Alvaro, forwarded on 8 May 2013 by the German Federal Ministry of Justice, in connection with a case pending before the Chief Public Prosecutor of Cologne (Germany), and announced in plenary on 23 May 2013,

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having given Alexander Alvaro the opportunity to be heard in accordance with Rule 7(3) of its Rules of Procedure,

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having regard to Article 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 Article 46 of the German Basic Law (Grundgesetz),

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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 (A7-0188/2013),

A.

whereas the Chief Public Prosecutor of Cologne (Germany) has requested the waiver of the parliamentary immunity of Alexander Alvaro, Member and Vice-President of the European Parliament, in connection with the launch of investigative proceedings concerning an alleged offence;

B.

whereas the request by the Chief Public Prosecutor relates to investigations into a serious road traffic accident in which Alexander Alvaro was involved;

C.

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

D.

whereas, under Article 46(2) of the German Basic Law (Grundgesetz), a Member may not be called to account for a punishable offence without the permission of Parliament unless apprehended while committing the offence or in the course of the following day;

E.

whereas, consequently, Parliament must waive the parliamentary immunity of Alexander Alvaro if the proceedings against him are to go ahead;

F.

whereas Article 9 of the Protocol on the Privileges and Immunities of the European Union and Article 46(2) of the German Grundgesetz do not preclude the waiver of the immunity of Alexander Alvaro;

G.

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

1.

Decides to waive the immunity of Alexander Alvaro;

2.

Instructs its President to forward this decision and the report of its competent committee immediately to the appropriate authorities of the Federal Republic of Germany and to Alexander Alvaro.