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REPORT (2024/2046(IMM))

On the request for waiver of the immunity of Mariusz Kamiński

A-10-2025-0032

Committee on Legal Affairs · Rapporteur: Mario Furore

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Parliament decided to waive the immunity of Mariusz Kamiński, a Member of the European Parliament, in connection with criminal proceedings in Poland over alleged offences under Article 244 of the Polish Criminal Code.

Committee position. The Committee on Legal Affairs proposes to waive the immunity of Mariusz Kamiński.

Key points

  1. The request for waiver was made by the Prosecutor General of Poland on 29 July 2024, based on a request from the Regional Prosecutor’s Office in Warsaw.
  2. The alleged offences occurred on 21 and 28 December 2023 in Warsaw, when Kamiński, as a Member of the Sejm, violated a five-year ban on holding public office imposed on 20 December 2023.
  3. Charges were brought on 18 April 2024; Kamiński was elected to the European Parliament in June 2024 and was not an MEP at the time of the alleged offence.
  4. The alleged offence is not related to an opinion expressed or a vote cast in performance of his duties under Article 8 of Protocol No 7.
  5. Under Article 9 of Protocol No 7 and Article 105 of the Polish Constitution, Members enjoy immunity in their own state, but Parliament found no evidence of fumus persecutionis.
  6. Parliament decided to waive immunity and instructed its President to forward the decision to the competent Polish authorities and to Kamiński.

Who is affected

  • Mariusz Kamiński, Member of the European Parliament, subject to criminal proceedings in Poland.
  • Competent authorities of the Republic of Poland, which will receive the decision.

Legal basis: Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Article 6(2) of the Act of 20 September 1976, Article 105(2) and (5) of the Polish Constitution.