What changed

PR_IMM_Waiver

P10_TA(2025)0042

PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION

Request for the waiver of the immunity of Maciej Wąsik

on the request for waiver of the immunity of Maciej Wąsik

Committee on Legal Affairs

(2024/2043(IMM))

PE766.695

– having regard to the request for waiver of the immunity of Maciej Wąsik, dated 29 July 2024, by the Prosecutor General of the Republic of Poland, transmitting a request from the Regional Prosecutor’s Office in Warsaw in connection with criminal proceedings brought against Maciej Wąsik, and announced in plenary on 16 September 2024,

European Parliament decision of 1 April 2025 on the request for the waiver of the immunity of Maciej Wąsik (2024/2043(IMM))

– having regard to the request for waiver of the immunity of Maciej Wąsik by the Prosecutor General of the Republic of Poland, dated 29 July 2024, transmitting a request from the Regional Prosecutor’s Office in Warsaw in connection with criminal proceedings brought against Maciej Wąsik, and announced in plenary on 16 September 2024,

– having heard Maciej Wąsik on 18 February 2025 in accordance with Rule 9(6) of its Rules of Procedure and having regard to the documents submitted by him,

A. whereas, by letter dated 29 July 2024, the Prosecutor General of Poland transmitted a request for waiver of the immunity of Maciej Wąsik, issued by the Regional Prosecutor’s Office in Warsaw, in relation to alleged offences under Article 244 of the Polish Criminal Code in conjunction with Article 12 of that Code;

B. whereas the request indicates that the actions Maciej Wąsik is alleged to have engaged in on 21 and 28 December 2023 in Warsaw, with premeditated intent and at short intervals, violated his five-year ban on holding a public position,position which washad been imposed in a final and binding judgment handed down on 20 December 2023 by the Regional Court in Warsaw, insofar as Maciej Wąsik performed the duties of a Member of the Sejm (the lower house of the Polish Parliament) of the Republic of Poland by participating in the session of the Sejm of the Republic of Poland held on 21 December 2023,2023 which included taking part in votes,votes and taking part in a meeting held by the Sejm’s Administration and Internal Affairs Committee on 28 December 2023; whereas the alleged actions constitute an offence under Article 244 of the Polish Criminal Code in conjunction with Article 12 of that Code;

C. whereas the above charges were brought against Maciej Wąsik on 18 April 2024; whereas Maciej Wąsik was elected to the European Parliament in the European elections in June 2024; whereas Maciej Wąsik was not a Member of the European Parliament at the time of the alleged offence;

G. whereas the purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties;

H. whereas, in accordance with Rule 5(2) of its Rules of Procedure, parliamentary immunity is not a Member’s personal privilege of the Member but a guarantee of the independence of Parliament as a whole, and of its Members;

I. whereas, in this case, Parliament has found no evidence of fumus persecutionis, which is to say factual elements indicating that the intention underlying the legal proceedings in question is to undermine the Member’s political activity in his capacity as a Member of the European Parliament;

J. whereas Parliament cannot assume the role of a court, and whereas, in a waiver of immunity procedure, a Member cannot be regarded as a defendant;

2. Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authorities of the Republic of Poland and to Maciej Wąsik.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The rapporteur declares under his exclusive responsibility that he did not receive input from any entity or person to be mentioned in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.

INFORMATION ON ADOPTION IN COMMITTEE RESPONSIBLE

Date adopted

18.3.2025

Result of final vote

+:

–:

0:

15

5

1

Members present for the final vote

Maravillas Abadía Jover, Tobiasz Bocheński, Ton Diepeveen, Mario Furore, Mary Khan, Ilhan Kyuchyuk, Sergey Lagodinsky, Mario Mantovani, Pascale Piera, René Repasi, Krzysztof Śmiszek, Dominik Tarczyński, Adrián Vázquez Lázara, Axel Voss, Marion Walsmann, Michał Wawrykiewicz, Dainius Žalimas

Substitutes present for the final vote

David Cormand, Billy Kelleher, Arash Saeidi, Ernő Schaller-Baross, Kosma Złotowski

Members under Rule 216(7) present for the final vote

Nacho Sánchez Amor, Angelika Winzig