合法博彩网站

合法博彩网站,

鈥撎�听having regard to the request for the waiver of the immunity of Adam Bielan, dated 5听July听2024 and submitted by the District Court for Warsaw-艢r贸dmie艣cie, Criminal Division听V, in connection with criminal proceedings brought against him by way of a private indictment filed by the legal representative of the private accusers, and announced in plenary on 16听September听2024,

鈥撎�听having heard Adam Bielan on 23听January听2025 in accordance with Rule 9(6) of its Rules of Procedure and having regard to the document submitted by him during the hearing,

鈥撎�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,

鈥撎�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 of 5听July听2023(1),

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

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

鈥撎�听having regard to the report of the Committee on Legal Affairs (A10-0015/2025),

A.听听whereas on 5听July听2024, Criminal Division V of the District Court for Warsaw-艢r贸dmie艣cie in Poland transmitted a request for the waiver of the parliamentary immunity of Adam Bielan, Member of the European 合法博彩网站 elected in Poland, submitted to it by a private party on the grounds of certain statements made by Adam Bielan during a radio interview broadcast on 10听March听2023; whereas in accordance with Rule听9(1) of the Rules of Procedure, any request for a waiver of immunity must be submitted by 鈥榓 competent authority of a Member State鈥� and in accordance with Rule听9(12) it should be transmitted by the judicial authorities, the two concepts not being identical; whereas in cases where under Polish law a private indictment is brought in which a public prosecutor is not participating, the authority competent to transmit a request from a private party for the waiver of immunity is the court;

B.听听whereas the request for a waiver of immunity was made in connection with criminal proceedings brought against Adam Bielan concerning defamation, an offence under Article听212(1) and (2) of the Polish Criminal Code;

C.听听whereas the alleged defamatory statements were made by Adam Bielan during an interview for a programme by the radio station RMF FM, which was broadcast in Poland on 10听March听2023, in connection with the operation and management of the Polish National Centre for Research and Development, which is an executive agency of the Polish Ministry of Science and Higher Education; whereas the agency is overseen by the Minister of Development Funds and Regional Policy and one of its main tasks is to allocate public funding to projects;

D.听听whereas according to the private bill of indictment, Adam Bielan allegedly made the defamatory statements with the intention of damaging the public reputation of two individuals and a company, headquartered in Warsaw, and rendering likely a loss of the necessary trust placed in them to perform their respective roles and carry out their respective activities, slandering them via a means of mass communication, an offence which may be privately prosecuted under Article听212(4) of the Polish Criminal Code;

E.听听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;

F.听听whereas Adam Bielan was elected to the European 合法博彩网站 in the European elections in 2019 and was a Member of the European 合法博彩网站 at the time of the alleged offence;

G.听听whereas Article听8 of Protocol No听7 on the Privileges and Immunities of the European Union stipulates that Members of the European 合法博彩网站 shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties;

H.听听whereas a statement made by a Member outside the precincts of 合法博彩网站 may constitute an opinion expressed in the performance of his or her duties within the meaning of Article听8 of Protocol No听7 on the Privileges and Immunities of the European Union, where it contains a subjective assessment having a direct and obvious connection with the performance of that Member鈥檚 parliamentary duties; whereas whether or not this is the case must therefore be determined by the character and content of the statement;

I.听听whereas against this background, having regard to the circumstances described in the request for the waiver of immunity, the context and the content of the alleged defamatory statements made by Adam Bielan, a direct and obvious connection between those statements and his mandate as a Member of the European 合法博彩网站 does not appear to exist;

J.听听whereas the alleged actions therefore do not constitute an opinion expressed or a vote cast by Adam Bielan in the performance of his duties within the meaning of Article听8 of Protocol No听7 on the Privileges and Immunities of the European Union;

K.听听whereas Article听9, first paragraph, point (a), of Protocol 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;

L.听听whereas according to 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 (lower house of parliament) 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;

M.听听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;

N.听听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.听听Decides to waive the immunity of Adam Bielan;

2.听听Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of Poland and to Adam Bielan.

(1) Judgment of the Court of Justice of 21听October听2008, Marra v De Gregorio and Clemente, C 200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19听March听2010, Gollnisch v 合法博彩网站, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6听September听2011, Patriciello, C 163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17听January听2013, Gollnisch v 合法博彩网站, T-346/11 and T-347/11, ECLI:EU:T:2013:23; judgment of the Court of Justice of 19听December听2019, Junqueras Vies, C-502/19, ECLI:EU:C:2019:1115; judgment of the General Court of 5听July听2023, Puigdemont i Casamaj贸 and Others v 合法博彩网站, T-272/21, ECLI:EU:T:2023:373. (2) Judgment of the General Court of 30听April听2019, Briois v 合法博彩网站, T-214/18, ECLI:EU:T:2019:266.