What changed

PR_IMM_Waiver

P10_TA(2026)0107

PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION

Request for the waiver of the immunity of Tomasz Buczek

on the request for the waiver of the immunity of Tomasz Buczek

Committee on Legal Affairs

(2025/2193(IMM))

PE786.694

– having regard to the request for the waiver of the immunity of Tomasz Buczek submitted on 12 September 2025 by the District Court of Tarnobrzeg, Second Criminal Chamber, in the context of criminal proceedings brought against him by means of a private indictment lodged by the legal representative of the private applicant, concerning the criminal proceedings to be brought against Tomasz Buczek, and announced in plenary on 6 October 2025,

European Parliament decision of 28 April 2026 on the request for the waiver of the immunity of Tomasz Buczek (2025/2193(IMM))

– having heard Tomasz Buczek on 23 March 2026 in accordance with Rule 9(6) of its Rules of Procedure and having regard to the documents provided by him,

– having regard to the request for the waiver of the immunity of Tomasz Buczek, submitted by the District Court of Tarnobrzeg, Second Criminal Chamber, by letter dated 12 September 2025, in connection with criminal proceedings brought against him by way of a private indictment filed by the legal representative of the private prosecutor and announced in plenary on 6 October 2025,

– having heard Tomasz Buczek on 23 March 2026 and having regard to the documents submitted by him, in accordance with Rule 9(6) of its Rules of Procedure

– having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the Members of the European Parliament by direct universal suffrage,

– having regard to the report of the Committee on Legal Affairs (A10-0116/2026),

A. whereaswhereas, by letter ofdated 12 September 2025, the District Court of Tarnobrzeg, Second Criminal Chamber, forwardedsubmitted thea request for the waiver of the immunity of Tomasz Buczek’sBuczek, immunityMember of the European Parliament elected in Poland, in connection with a private indictment filed against him for an alleged offence under Article 217(1) of the Polish Criminal Code;

B. whereas, according to the request for waiver of immunity, on 21 September 2024 an election rally was held in Tarnobrzeg and at which Tomasz Buczek was present; whereas the private applicantprosecutor took part in the abovementioned rally, in particular by expressing her views on political topics, including the activities of Tomasz Buczek; whereas, according to the request for waiver of immunity,request, Tomasz Buczek allegedly snatched the miniature megaphone that the private applicantprosecutor was holding in her hands in order to make herself heard, and thewhereas that action was reportedlyallegedly so violent that the megaphone is no longer in working order;

C. whereas Tomasz Buczek’s conduct is saidalleged to constitute an offence against physical integrity, as provided for in Article 217(1) of the Polish Criminal Code;

D. whereas Tomasz Buczek was elected to the European Parliament in the European elections in June 2024 and waswas, therefore a Member of the European Parliament at the time of the alleged offence;

E. whereas the alleged offence does not constitute, and the subsequent request for the waiver of histhe immunity areof Tomasz Buczek is not related toto, opinionsan opinion expressed or votesvote cast by Tomasz Buczekhim in the performance of his duties within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

F. whereas Article 99, subparagraphfirst 1(a)paragraph, point (a), of Protocol No 7 on the Privileges and Immunities of the European Union statesprovides thatthat, Membersduring the sessions of the European ParliamentParliament, its Members are to enjoy, in the territory of their own state, the immunities accorded to members of the parliament of thattheir Member state;

G. whereas, pursuant to Article 105(2) and (5) of the PolishConstitution Constitution,of the Republic of Poland, from the day the election results are announced until the day their mandate expires, deputies cannot be subjected to criminal accountability without the consent of the Sejm, and can be neither detained nor arrested without the consent of the Sejm, except in cases where they have been apprehended in the commission of an offence and in which their detention is necessary to secure the proper course of proceedings;

H. whereas, in accordance with Rule 5(2) of the 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 the purpose of parliamentarythe immunity provided for in Protocol No 7 on the Privileges and Immunities of the European Union 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;

J. whereas, in this case, Parliament has found no evidence of fumus persecutionis, that is to say factualit elementsdoes indicatingnot appear that the intention underlying the legal proceedings in question is to underminedamage Tomasz Buczek’s political activity as a Member of the European Parliament;Parliament and thus Parliament’s independence;

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

1. Decides to waive the immunity of Tomasz Buczek;

2. Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of Poland and to Tomasz Buczek.

INFORMATION ON ADOPTION BY THE COMMITTEE RESPONSIBLE

Date adopted

23.4.2026

Result of final vote

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–:

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15

4

0