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REPORT (2024/2035(IMM))

On the request for waiver of the immunity of Jana Nagyová

A-10-2025-0029

Committee on Legal Affairs · Rapporteur: Krzysztof Śmiszek

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Parliament decided to waive the immunity of Jana Nagyová, a Member of the European Parliament, to allow criminal proceedings against her in the Czech Republic for subsidy fraud and damage to the EU's financial interests.

Committee position. The Committee on Legal Affairs proposes that Parliament waive the immunity of Jana Nagyová.

Key points

  1. The request for waiver was submitted by the High Court in Prague on 1 July 2024, concerning criminal proceedings on appeal under reference 3 To 34/2024.
  2. The alleged offences are subsidy fraud under Section 212(1) and (6)(a) and damage to the EU's financial interests under Section 260(1) and (5) of the Czech Criminal Code.
  3. The alleged acts occurred between 17 January 2008 and 5 January 2010, when Nagyová was vice-chair of a Czech company's board and applied for a grant with false information.
  4. The alleged offences do not relate to opinions or votes in the performance of her duties as an MEP under Article 8 of Protocol No 7.
  5. Under Czech law, criminal prosecution of a deputy or senator requires the consent of their chamber; Parliament's waiver provides that consent.
  6. Parliament found no evidence of fumus persecutionis, meaning no indication that the proceedings aim to damage her political activity or Parliament.
  7. Parliament cannot act as a court, and in waiver proceedings the Member is not a defendant.

Who is affected

  • Jana Nagyová, Member of the European Parliament from the Czech Republic, whose immunity is waived, allowing criminal proceedings to continue.
  • The competent authority of the Czech Republic, which will receive the decision and report to proceed with the case.

Legal basis: 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.