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REPORT (2025/2063(IMM))

On the request for the waiver of the immunity of Elisabetta Gualmini

A-10-2025-0263

Committee on Legal Affairs · Rapporteur: Ilhan Kyuchyuk

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Parliament decided not to waive the immunity of Elisabetta Gualmini, a Member elected in Italy, following a Belgian request linked to alleged corruption in the Qatargate affair. The decision cites inconsistencies in the request, lack of clear evidence of wrongdoing, and concerns that the proceedings aim to damage her political activity (fumus persecutionis).

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

Key points

  1. Parliament refuses to waive Gualmini's immunity, as the alleged acts are not covered by Article 8 of Protocol No 7 (opinions or votes in parliamentary duties).
  2. The request shows inconsistencies between the alleged offence period (1 July 2019 to 10 December 2022) and the substantiated acts (4 October to 2 December 2022).
  3. The description of alleged facts relies on assumptions, disrespects established political processes, and fails to demonstrate a clear quid pro quo or personal benefit.
  4. The alleged facts are inseparable from regular political group activities, which are central to Parliament's democratic function.
  5. There are concerns that the proceedings intend to damage the Member's reputation, indicating fumus persecutionis.

Who is affected

  • Elisabetta Gualmini, Member of the European Parliament, retains her immunity and is not subject to the Belgian criminal proceedings.
  • The competent authority of the Kingdom of Belgium receives 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.