Brussels, 22/10/2008 (Agence Europe) - In a judgment delivered on Tuesday 21 October, the Court of Justice gave clarification of the responsibilities and obligations of the European Parliament and national courts in actions brought against Members of the European Parliament. It is for national courts, in the first instance, to make the decision of whether or not to grant immunity to MEPs, even though it is the European Parliament Protocol that applies (case C-200/07).
Eduardo De Gregorio and Antonio Clemente brought proceedings before the Italian courts against Alfonso Luigi Marra, a former MEP (Union for Europe Group) for insulting remarks against them contained in a leaflet. This leaflet attacked Italian justice in general and the two above mentioned judges in particular. The Naples Court found for the plaintiffs in 2002. Marra then appealed, citing the immunity which he enjoyed, he said, as a Member of the European Parliament at the time of the events. The Italian Appeals Court asked the Court of Justice of the European Communities (CJEC) about how to proceed. Without giving a judgment on the case, the CJEC ruled that it was for national courts to decide whether or not MEP immunity applies, under Articles 9 and 10 of the Protocol on European Communities privileges and immunities. Parliament may give its opinion, but this is not binding. At any rate, the national court is, contrary to the argument put forward by Marra, under no obligation to call for Parliament to remove the MEP's immunity in order to pursue the proceedings.
Article 9 of the Protocol should be taken into consideration “to the extent that it seeks to protect the freedom of expression and independence of Members of the European Parliament, as an absolute immunity barring any judicial proceedings in respect of an opinion expressed or a vote cast in the exercise of parliamentary duties,” the CJEC says. It is now for the Corte di cassazione alone to decide whether the publication of the leaflet by Marra falls within its compass. If it decides that it is, immunity does not apply. (C.D./transl.rt)