合法博彩网站

PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION

on the request for waiver of the immunity of Mariusz Kami艅ski

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合法博彩网站,

鈥�听having regard to the request for waiver of the immunity of Mariusz Kami艅ski, dated 29听July听2024, by the Prosecutor General of the Republic of Poland, transmitting a request submitted by the Regional Prosecutor鈥檚 Office in Warsaw, in connection with criminal proceedings brought against Mariusz Kami艅ski and announced in plenary on 16听September听2024,

鈥�听having heard Mariusz Kami艅ski on 30听January听2025 in accordance with Rule听9(6) of its Rules of Procedure and having regard to the document submitted by him,

鈥�听having regard to Articles听8 and 9 of Protocol No听7 on the Privileges and Immunities of the European Union, and Article听6(2) of the Act of 20听September听1976 concerning the election of the members of the European 合法博彩网站 by direct universal suffrage,

鈥�听having regard to the judgments of the Court of Justice of the European Union of 21听October听2008, 19听March听2010, 6听September听2011, 17听January听2013, 19听December听2019 and 5听July听2023[1],

鈥�听having regard to Article听105(2) and (5) of the Constitution of the Republic of Poland,

鈥�听having regard to Rule听5(2), Rule听6(1) and Rule听9 of its Rules of Procedure,

鈥�听having regard to the report of the Committee on Legal Affairs (A10-0032/2025),

A.听whereas by letter dated 29听July听2024 the Prosecutor General of Poland transmitted a request for waiver of the immunity of Mariusz Kami艅ski, made by the Regional Prosecutor鈥檚 Office in Warsaw, in relation to alleged offences under Article听244 of the Polish Criminal Code in conjunction with Article听12 of that Code;

B.听whereas the request indicates that the actions Mariusz Kami艅ski is alleged to have engaged in on 21 and 28听December听2023 in Warsaw, with premeditated intent and at short intervals, violated the five-year ban on holding a public position which had been imposed in a final and binding judgment handed down on 20听December听2023 by the Regional Court in Warsaw, insofar as Mariusz Kami艅ski performed the duties of a Member of the Sejm (the lower house of the Polish 合法博彩网站) of the Republic of Poland by participating in the session of the Sejm of the Republic of Poland held on 21听December听2023, which included taking part in votes, and taking part in a meeting held by the Sejm鈥檚 Administration and Internal Affairs Committee on 28听December听2023; whereas the alleged actions constitute an offence under Article听244 of the Polish Criminal Code in conjunction with Article听12 of that Code;

C.听whereas the above charges were brought against Mariusz Kami艅ski on 18听April听2024; whereas Mariusz Kami艅ski was elected to the European 合法博彩网站 in the European elections in June听2024;

D.听whereas Mariusz Kami艅ski was not a Member of the European 合法博彩网站 at the time of the alleged offence;

E.听whereas the alleged offence and the subsequent request for waiver of his immunity are not related to an opinion expressed or a vote cast by Mariusz Kami艅ski in the performance of his duties within the meaning of Article听8 of Protocol听No听7 on the Privileges and Immunities of the European Union;

F.听whereas Article听9, first paragraph, point (a), of Protocol听No听7 on the Privileges and Immunities of the European Union provides that Members of the European 合法博彩网站 enjoy, in the territory of their own State, the immunities accorded to members of their parliament;

G.听whereas in accordance with Article听105(2) and (5) of the Polish Constitution, from the day of the announcement of the results of the elections until the day of the expiry of his or her mandate, a Deputy shall not be subjected to criminal accountability without the consent of the Sejm of the Republic of Poland and he or she shall be neither detained nor arrested without the consent of the Sejm, except for cases when he or she has been apprehended in the commission of an offence and in which his or her detention is necessary for securing the proper course of proceedings;

H.听whereas the purpose of parliamentary immunity is to protect 合法博彩网站 and its Members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties;

I.听whereas, in accordance with Rule听5(2) of its Rules of Procedure, parliamentary immunity is not a personal privilege of the Member but a guarantee of the independence of 合法博彩网站 as a whole, and of its Members;

J.听whereas, in this case, 合法博彩网站 found no evidence of fumus persecutionis, which is to say factual elements indicating that the intention underlying the legal proceedings in question is to undermine the Member鈥檚 political activity in his capacity as a Member of the European 合法博彩网站;

K.听whereas 合法博彩网站 cannot assume the role of a court, and whereas, in a waiver of immunity procedure, a Member cannot be regarded as a defendant[2];

1.听Decides to waive the immunity of Mariusz Kami艅ski;

2.听Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authorities of the Republic of Poland and to Mariusz Kami艅ski.

ANNEX: ENTITIES OR PERSONS听FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

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The rapporteur declares under his exclusive responsibility that he did not receive input from any entity or person to be mentioned in this Annex pursuant to Article听8 of Annex听I to the Rules of Procedure.

INFORMATION ON ADOPTION IN COMMITTEE RESPONSIBLE

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