What changed

PR_IMM_Waiver

P10_TA(2026)0236

PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION

Request for the waiver of the immunity of Siegbert Frank Droese

on the request for the waiver of the immunity of Siegbert Frank Droese

Committee on Legal Affairs

(2026/2019(IMM))

PE789.054

– having regard to the request for the waiver of the immunity of Siegbert Frank Droese, received by letter dated 15 January 2026 from the German Federal Ministry of Justice and Consumer Protection, transmitting a request dated 2 December 2025 from the Higher Regional Court in Dresden, and announced in plenary on 11 February 2026,

European Parliament decision of 7 July 2026 on the request for the waiver of the immunity of Siegbert Frank Droese (2026/2019(IMM))

– having regard to the request for the waiver of the immunity of Siegbert Frank Droese, received by letter dated 15 January 2026 from the German Federal Ministry of Justice and Consumer Protection, transmitting a request dated 2 December 2025 from the Dresden Regional Court and announced in plenary on 11 February 2026,

– having regard to the fact that Siegbert Frank Droese is deemed to have renounced his right to be heard, in accordance with Rule 9(6) of its Rules of Procedure,

– having regard to the report of the Committee on Legal Affairs (A10-0193/2026),

A. whereas on 15 January 2026,2026 the German Federal Ministry of Justice and Consumer Protection transmitted a request from the HigherDresden Regional Court in Dresden for the waiver of the immunity of Siegbert Frank Droese, Member of the European Parliament elected in Germany, in connection with an appeal lodged by him in criminal proceedings;

B. whereas by judgment of the Dresden Local Court of 26 April 2024 Siegbert Frank Droese was convicted of two separate counts of insult and ordered to pay a fine; whereas Siegbert Frank Droese lodged an appeal against that judgment by means of a written submission from his defence counsel on 3 May 2024;

C. whereas Siegbert Frank Droese was elected to the European Parliament in the June 2024 European elections; whereas he was not a Member of the European Parliament at the time of the conviction by judgment of the Dresden Local Court of 26 April 2024, nor at the time of lodging an appeal against it; whereas, following the election of Siegbert Frank Droese to the European Parliament and according to the request,request from the Dresden Regional Court, the conduct of the appeal proceedings requires that the immunity of Siegbert Frank Droese be waived;

D. whereas the acts underlying the alleged offences occurred before Siegbert Frank Droese became a Member of the European Parliament and, therefore, do not constitute, and the subsequent request for the waiver of his immunity is not related to, an opinion expressed or a vote cast by him 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;

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

I. 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;

J. whereas it appears that, in this instance, fumus persecutionis, i.e. that the intention underlying the legal proceedings is to damage the Member’s political activity as a Member of the European Parliament and thus Parliament’s independence, cannot be assumed;

2. Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of the Federal Republic of Germany and to Siegbert Frank Droese.

INFORMATION ON ADOPTION BY THE COMMITTEE RESPONSIBLE

Date adopted

2.7.2026

Result of final vote

+:

–:

0:

21

1

0