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REPORT (2025/2096(IMM))

On the request for waiver of the immunity of Péter Magyar

A-10-2025-0182

Committee on Legal Affairs · Rapporteur: Ilhan Kyuchyuk

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Parliament decided not to waive the immunity of Péter Magyar in connection with criminal defamation proceedings brought against him in Hungary. The decision is based on the view that the proceedings show signs of an intention to harm his political activity (fumus persecutionis).

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 alleged defamation under Article 226 of the Hungarian Criminal Code, for statements made in April 2024 during a demonstration.
  2. The alleged offence is not related to Péter Magyar's duties as an MEP under Article 8 of Protocol No 7.
  3. Under Hungarian law, MEPs enjoy the same immunity as members of the Hungarian National Assembly, which requires prior consent for criminal proceedings.
  4. Parliament has broad discretion in immunity decisions, and immunity is not a personal privilege but a guarantee of Parliament's independence.
  5. The complainant is a political rival, and criminal defamation proceedings raise doubts about their purpose, suggesting an intent to harm his reputation as an MEP.
  6. There is concrete evidence (fumus persecutionis) that the legal proceedings aim to undermine Péter Magyar's political activity.
  7. Parliament cannot act as a court, and the Member is not a defendant in this procedure.

Who is affected

  • Péter Magyar, Member of the European Parliament, whose immunity is not waived, so he may face legal proceedings in Hungary.
  • The competent Hungarian authority, which will receive the decision and report.

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.