What changed

A. whereas, by letter of 25 February 2026, the Prosecutor General of the Republic of Poland transmitted a request for the waiver of the immunity of Grzegorz Braun, a Member of the European Parliament elected in Poland, made byfrom the Prosecutor at the Kraków Branch Office of the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation (Instytut(Oddział Instytutu Pamięci Narodowej w Krakowie – Komisja Ścigania Zbrodni przeciwko Narodowi Polskiemu), in connection with alleged offences that took place in 2025;

B. whereas, according to the request, on 27 September 2025, during a public debate in Warsaw that was broadcast live and streamed on the internet, it is alleged that Grzegorz Braun publicly,allegedly, in public and contrary to the facts, denied the crimes of genocide committed between 1941 and 1944 by officials of the Third Reich at the Nazi-German KL AuschwitzBirkenau concentration and extermination camp; whereas, according to the request, a viewing of the recording of the debate revealed that the statements allegedly made by Grzegorz Braun concerning the extermination of Jewish prisoners in the gas chambers are manifestly at odds with the historical truth; whereas the alleged act constitutes an offence under Article 55 of the Act of 18 December 1998 on the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation;

E. whereas Grzegorz Braun was elected to the European Parliament in the European electionsJune in2024 JuneEuropean 2024,elections and whereas hetherefore was therefore a Member of the European Parliament at the time of the alleged offence;

H. whereas Article 9, first paragraph, point (a), of Protocol No 7 on the Privileges and Immunities of the European Union provides that, during the sessions of the European Parliament, its Members are to enjoy, in the territory of their own State, the immunities accorded to members of the parliament of their parliament;Member State;

I. whereas, pursuant to Article 105(2) and (5) of the PolishConstitution Constitution,of the Republic of Poland, from the day theof electionannouncement of the results areof announcedthe elections until the day theirof mandatethe expires,expiry deputiesof cannotthe mandate, a deputy is not to be subjected to criminal accountability without the consent of the Sejm, and cana deputy is to be neither detained nor arrested without the consent of the Sejm, except infor cases wherewhen theythe havedeputy has been apprehended in the commission of an offence and in which theirthe detention is necessary tofor securesecuring the proper course of proceedings;

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;