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REPORT (2026/2000(IMM))

On the request for the waiver of the immunity of Ilhan Kyuchyuk

A-10-2026-0194

Committee on Legal Affairs · Rapporteur: Dominik Tarczyński

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✦ In short · AI summary of this text, generated 4 Sept 2026

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Parliament decided not to waive the immunity of Ilhan Kyuchyuk, a Member of the European Parliament, in connection with an investigation into alleged misuse of Union funds. The decision is based on indications that the investigation may have been initiated to deliberately compromise him, assuming fumus persecutionis.

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

Key points

  1. The European Chief Prosecutor requested the waiver of Ilhan Kyuchyuk's immunity on 24 November 2025, following an investigation into alleged criminal offences involving misuse of Union funds.
  2. The alleged offences include non-procurement fraud, misappropriation of Union funds, and corruption, punishable under Article 248a of the Bulgarian Criminal Code.
  3. The alleged offences do not relate to opinions expressed or votes cast by Kyuchyuk in the performance of his duties, so Article 8 of Protocol No 7 does not apply.
  4. Under Article 9 of Protocol No 7 and Article 70(1) of the Bulgarian Constitution, Members enjoy immunity from criminal prosecution in their own member state, requiring permission to proceed.
  5. Parliament notes that the Bulgarian European Prosecutor was found guilty of serious misconduct in February 2026, and that Kyuchyuk faced unfounded accusations and disproportionate checks.
  6. Parliament finds serious and objective indications that the investigation may have been initiated to deliberately compromise Kyuchyuk, assuming fumus persecutionis.
  7. Parliament decides not to waive the immunity of Ilhan Kyuchyuk.

Who is affected

  • Ilhan Kyuchyuk, Member of the European Parliament, whose immunity is not waived, protecting him from the investigation.
  • The European Public Prosecutor's Office, which requested the waiver and 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, and Article 29(2) of Council Regulation (EU) 2017/1939.