Request for waiver of the immunity of Mr Marcin Romanowski
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 2 October 2024 (29th sitting) (see Doc. 16053, report of the Committee on Rules of Procedure, Immunities
and Institutional Affairs, rapporteur: Ms Heike Engelhardt). Text adopted by the Assembly on
2 October 2024 (29th sitting).
1. Parliamentary immunity, in its
two forms: non-liability and inviolability, is a democratic safeguard,
born out of the need to preserve the integrity of parliaments, including
in their operation and their acts, and to protect their members’
independence in the performance of their duties.
2. In addition, and quite apart from the national immunities
they may enjoy, members of the Parliamentary Assembly of the Council
of Europe are covered by special rules on immunity at European level,
laid down by the General Agreement on Privileges and Immunities
of the Council of Europe of 1949 and its additional protocol of
1952 (ETS Nos. 2 and 10). These rules establish the same twofold
principle of parliamentary non-liability (Article 14) and inviolability
(Article 15) and also provide for the free movement of Assembly
members within the territory of the member States.
3. Immunity is not accorded for the personal benefit of the individual
Assembly member, but in order to guarantee the independence and
integrity of the Assembly as a whole and of its members in the exercise
of their functions.
4. There are two exceptions to the parliamentary inviolability
of a member of the Assembly: in flagrante delicto and waiver. In
particular, the parliamentary immunity must be waived before the
freedom of one of its members may be restricted; the Assembly alone
is able to waive the immunity of a member.
5. The Assembly’s Rules of Procedure specify the procedure to
be followed to waive the inviolability of a member of the Assembly
following a request by a competent authority of a member State,
as well as the role of the president in defending the immunity of
a member of the Assembly who has been arrested or deprived of freedom
of movement in the absence of in flagrante delicto or prior waiver
by the Assembly.
6. On 29 September 2024, the President of the Assembly received
a request for waiver of the immunity of Mr Marcin Romanowski from
the Public Prosecutor General and Minister of Justice of the Republic
of Poland. According to the relevant Rules of Procedure, the president
subsequently announced it in a plenary sitting on 30 September 2024
and the Committee on Rules of Procedure, Immunities and Institutional
Affairs immediately considered this request.
7. The Assembly regrets that Mr Romanowski did not avail himself
of the opportunity offered to him to be heard by the Committee on
Rules of Procedure, Immunities and Institutional Affairs or to be
represented by a member of the Assembly.
8. At the outset, the Assembly observes that the alleged offences
do not concern opinions expressed or votes cast by Mr Marcin Romanowski
in the exercise of his functions as a member of the Assembly. The request
for waiver of immunity concerns facts which relate to activities
of a local nature prior to the acquisition of the status of, and
consequently immunity as, a member of the Assembly.
9. In conformity with the Rules of Procedure, the committee did
not make any examination of the merits of the case in question,
nor did it pronounce itself on the guilt or otherwise of the member
concerned.
10. When considering a request to waive the inviolability, the
Assembly has to consider the following elements: (i) whether the
legal proceedings initiated against the member would jeopardise
the proper functioning of the Assembly, and (ii) whether the request
is serious, namely it should not be inspired by reasons other than
that of dispensing justice.
11. In the present case, the Assembly considers that, in the light
of the current tasks of Mr Romanowski, his prosecution, possible
arrest and detention would not as such affect the proper functioning
of the Assembly.
12. Further, in the light of the material before it, the Assembly
considers that there are no sufficient reasons to doubt the genuine
intention of the prosecution against Mr Marcin Romanowski as aiming
solely at the proper administration of justice. The request is therefore
“serious”.
13. Having regard to the above considerations and without any
prejudice as to the merits of the case, the Assembly decides to
waive the immunity of Mr Marcin Romanowski to allow justice to be
administered. It expects the Polish authorities to ensure that such
administration of justice is fair and impartial, in full respect
of the national law and the guarantees provided by the European
Convention on Human Rights (ETS No. 5).
14. It instructs its president to forward this decision and the
report of the Committee on Rules of Procedure, Immunities and Institutional
Affairs immediately to the competent authorities of the Republic
of Poland and to Mr Marcin Romanowski.
