Rule 166 : Penalties

1.   In serious cases of breach of Rule 11 (2) to (9), the President shall adopt a reasoned decision imposing upon the Member concerned the appropriate penalty in accordance with this Rule.

In relation to Rule 11 (3) or (4), the President may adopt a reasoned decision under this Rule regardless of whether or not an immediate measure within the meaning of Rule 165 had previously been imposed upon the Member concerned.

In relation to Rule 11 (6), the President may only adopt a reasoned decision under this Rule following the establishment of the occurrence of a harassment in accordance with the applicable internal administrative procedure on harassment and its prevention.

The President may impose a penalty upon a Member in cases in which provision is made, by these Rules of Procedure or by a decision adopted by the Bureau under Rule 25, for the application of this Rule.

2.   The Member concerned shall be invited by the President to submit written observations before the decision is adopted. The President may decide to convene an oral hearing instead whenever it is more appropriate.

The decision imposing the penalty shall be notified to the Member concerned by registered letter or, in urgent cases, via the ushers.

After that decision has been notified to the Member concerned, any penalty imposed on a Member shall be announced by the President in Parliament. The presiding officers of the bodies, committees and delegations on which the Member serves shall be informed.

Once the penalty becomes final, it shall be published prominently on Parliament's website, and shall remain there for the rest of the parliamentary term.

3.   When assessing the conduct observed, account shall be taken of its exceptional, recurrent or permanent nature and of its seriousness. Account shall also be taken, if applicable, of possible damage inflicted on the dignity and reputation of Parliament.

4.   The penalty may consist of one or more of the following measures:

(a)   a reprimand;

(b)   forfeiture of entitlement to the daily subsistence allowance for a period of between two and thirty days;

(c)   without prejudice to the right to vote in plenary, and subject, in this instance, to strict compliance with the Members' standards of conduct, temporary suspension from participation in all or some of the activities of Parliament for a period of between two and thirty days on which Parliament or any of its bodies, committees or delegations meet;

(d)   prohibition of the Member from representing the Parliament on an inter-parliamentary delegation, inter-parliamentary conference or any interinstitutional forum, for up to one year;

(e)   in the case of a breach of confidentiality, a limitation in the rights to access confidential or classified information for up to one year.

5.   The measures laid down in points (b) to (e) of paragraph 4 may be doubled in the case of repeated breaches, or if the Member refuses to comply with a measure taken under Rule 165(3).

6.   In addition, the President may submit a proposal to the Conference of Presidents for the suspension or removal of the Member from one or more of the offices held by that Member in Parliament, in accordance with the procedure laid down in Rule 21.