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REPORT (2024/2042(IMM))

On the request for waiver of the immunity of Klára Dobrev

A-10-2025-0184

Committee on Legal Affairs · Rapporteur: Ilhan Kyuchyuk

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Parliament decided not to waive the immunity of Klára Dobrev, a Member of the European Parliament, in connection with criminal defamation proceedings brought against her in Hungary. The request was made by a Hungarian court over a social media post; Parliament found indications of fumus persecutionis, as the proceedings may aim to damage her political activity.

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

Key points

  1. The alleged offence does not relate to opinions expressed or votes cast in the performance of her duties under Article 8 of Protocol No 7.
  2. Under Hungarian law, defamation can be pursued criminally or civilly; the choice of criminal action raises doubts about the objective and suggests possible intent to damage her reputation as an MEP.
  3. Klára Dobrev was a vocal opponent of the Hungarian Government, and the private prosecuting party is linked to governing circles, supporting the assumption of fumus persecutionis.
  4. At the time of the facts, she was a member of the Committee on Civil Liberties, Justice and Home Affairs, dealing with criminal law and child protection, and regularly spoke out against her country's authorities.
  5. Parliament cannot assume the role of a court, and in a waiver procedure a Member cannot be regarded as a defendant.
  6. Parliament decided not to waive the immunity of Klára Dobrev.

Who is affected

  • Klára Dobrev, Member of the European Parliament elected in Hungary, retains her immunity.
  • The competent authority in Hungary and Klára Dobrev 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, Article 6(2) of the Act of 20 September 1976, Article 4(2) of the Fundamental Law of Hungary