In order to initiate criminal prosecution of Latvian MEPs Nils Ušakovs and Andris Ameriks, it will be necessary to secure permission from the European Parliament, according to information from the parliament’s website.
Once a request has been received from a member state’s law enforcement institution to remove an MEPs’ immunity, the Chairman of the European Parliament is to notify the Plenary Session and refer it to the Legal Committee.
The committee can then request any information or explanations it considers necessary.
The European Parliament provides MEPs the opportunity to speak their case. MEPs can also submit documents or other written evidence.
The committee then convenes behind closed doors and decides whether to approve or reject the request to remove an MEPs immunity. The European Parliament then convenes for a plenary session and holds a vote. After the vote the European Parliament is to immediately announce the verdict to the MEP in question and the law enforcement institution of the member state that submitted the request to remove immunity.
Even if an MEP’s immunity is lifted, he or she still retains the seat in the European Parliament, because the authority of an MEP is authority granted by the state – no institution can take it away.
Even if an MEP’s immunity is removed, however, it does not mean he or she is automatically considered “guilty”.
All this measure does is let law enforcement institutions commence relevant investigations or lawsuits.
Previously it was reported that Latvia’s Corruption Prevention and Combating Bureau (KNAB) has requested the Prosecutor General’s Office to commence prosecution of ex-Mayor of Riga Nils Ušakovs and his vice at the time Andris Ameriks in a criminal case about causing losses worth EUR 10 million to Riga municipality and one of its capital association.
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