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The European Union counts representative democracy as one of its foundational tenets. In that regard, the mandate of a directly elected Member of the European Parliament plays a crucial role. A Member's mandate includes an immunity status, protecting MembersBriefing - Termination of the mandate of a Member of the European Parliament - 21-01-2025
The European Union counts representative democracy as one of its foundational tenets. In that regard, the mandate of a directly elected Member of the European Parliament plays a crucial role. A Member's mandate includes an immunity status, protecting Members' independence to exercise their mandate freely. This legal status can prevent legal action, measures or even criminal investigation against the Member suspected of wrongdoing. Nevertheless, this parliamentary immunity is not an individual entitlement putting Members beyond the reach of the legal system, but rather an institutional privilege of the Parliament. Members' parliamentary immunity is not however fully harmonised under EU law, which refers some aspects of parliamentary immunity to the Member States. The diverse national understanding of parliamentary immunity can significantly influence, among other things, when and how a Member's mandate might end. More specifically, national legal variations can affect criminal proceedings against a Member that, if leading to a conviction, represent the most obvious reason for the involuntary end of a Member's parliamentary mandate (termination of mandate) in many Member States. In addition to differing levels of parliamentary immunity, there are differences in the reasons allowed nationally for ending national parliamentary mandates. Since EU law permits Member States to apply their own reasons when terminating a Member's mandate, national laws come into play once again. To analyse this complex web of legal settings applying to the end of a Member's mandate and resulting from the combination of EU law and diverse national rules potentially applicable to Members by analogy, this briefing draws upon national responses to a survey carried out for the European Centre for Parliamentary Research and Documentation. Source : © European Union, 2025 - EP Read more
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