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REPORT (2024/2101(IMM))

On the request for the waiver of the immunity of Péter Magyar

A-10-2025-0181

Committee on Legal Affairs · Rapporteur: Ilhan Kyuchyuk

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Parliament decided not to waive the immunity of Péter Magyar in connection with defamation proceedings brought against him in Hungary, citing signs that the case aims to undermine his political activity.

Committee position. The Committee on Legal Affairs proposes that Parliament decide not to waive the immunity of Péter Magyar.

Key points

  1. The request for waiver concerns criminal proceedings for defamation before the public at large, brought by a private prosecuting party over a statement made on 20 August 2024.
  2. The alleged offence does not relate to an opinion expressed or vote cast in the performance of duties under Article 8 of Protocol No 7.
  3. Under Hungarian law, Members of the National Assembly enjoy immunity, and criminal proceedings require prior consent of the Assembly.
  4. Parliament has broad discretion in waiver decisions, and immunity protects Parliament's independence, not the Member personally.
  5. Magyar is president of the Tisza Party and a vocal opponent of the Hungarian Government; the private prosecuting party is a local politician facing criminal charges.
  6. The choice of criminal rather than civil defamation proceedings raises doubts about the aim, suggesting possible intent to damage the Member's reputation.
  7. Concrete evidence indicates fumus persecutionis, i.e., the proceedings aim to undermine Magyar's political activity as an MEP.
  8. Parliament cannot act as a court, and the Member cannot be regarded as a defendant in this procedure.

Who is affected

  • Péter Magyar, Member of the European Parliament, retains his immunity and is not subject to the criminal proceedings in Hungary.
  • The private prosecuting party in Hungary cannot pursue the defamation case against Magyar without immunity being waived.

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