Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 05/31/2018

Subject: The General Court affirmed that MEPs’ freedom of expression must be afforded greater protection in view of the fundamental importance of the role played by Parliament in a democratic society. However, the exercise of that freedom within Parliament must, on occasion, yield to the legitimate interests of maintaining good order in the conduct of parliamentary business and protecting the rights of other MEPs. In the present case was applicable the amended version of the Rules of Procedure of the Parliament that allowed for the adoption of penalties ‘in serious cases of disorder or disruption of Parliament [by an MEP] in violation of the principles laid down in Rule 11. That amended version expressly referred to prohibition of any ‘defamatory, racist or xenophobic language or behaviour’. However, whether an incident concerns ‘behaviour’ or ‘language’, the Court notes that, on a literal interpretation of the Rule of Procedure, which allows disciplinary sanctions to be imposed on an MEP, a breach of the principles and values set out in Rule 11 of those Rules does not amount to an independent ground for imposing a penalty, but is an additional condition, necessary in order for a disruption of Parliament to be penalised. It follows that a breach of the principles set out in Rule 11 of the Rules of Procedure, even if proved, cannot, of itself, be penalised as such, but only if it involves disruption of Parliament

Parties: Korwin-Mikke c. Parlamento

Classification: Freedoms - Art. 11 Freedom of expression

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