Europe’s highest court said that under EU law, MEPs enjoy immunity from prosecution when there is a clear link to their duties as parliamentarians.
But it said if someone were to take legal action against an MEP for activities away from the parliament, the national court hearing the matter would have to decide if the legislator could claim immunity in the specific case.
“The (European Court of Justice (ECJ) considers that immunity may be granted only if the connection between the opinion expressed and parliamentary duties is direct and obvious,” the Court said in a statement detailing a ruling handed down on Tuesday.
The issue was brought to the fore when an Italian MEP, Aldo Patricello, was accused of making false accusations against a municipal policewoman.
In 2009, the European Parliament decided to defend his immunity, saying he had acted in the general interest of his constituents. The Italian court hearing the case then asked the ECJ to spell out how it should assess if a statement made outside the parliament enjoyed immunity.
The ECJ also found that a decision by the parliament to support an MEP’s claim of immunity only counted as an opinion and did not have a binding effect on a national court.
