Sittings · Document

REPORT (2026/2032(IMM)) 2026-09-09

On the request for the waiver of the immunity of Grzegorz Braun

Committee on Legal Affairs · Rapporteur: Pascale Piera

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✦ In short · AI summary of this text, generated 18 Sept 2026

Parliament's decision waives the immunity of Grzegorz Braun, a Member elected in Poland, at the request of the Prosecutor General of Poland. The request concerns alleged offences in 2025, including statements on 27 September 2025 about the Auschwitz-Birkenau camp. Parliament finds the alleged offence is not an opinion expressed or vote cast in the performance of his duties, and finds no evidence of fumus persecutionis.

Committee position. The Committee on Legal Affairs proposes that Parliament waive the immunity of Grzegorz Braun, finding the alleged offence is not an opinion or vote in the performance of his duties and no fumus persecutionis.

Key points

  1. Parliament decides to waive the immunity of Grzegorz Braun.
  2. The request came by letter dated 25 February 2026 from the Prosecutor General of Poland, made by the Prosecutor at the Kraków Branch Office of the Institute of National Remembrance.
  3. The request concerns criminal proceedings over alleged offences that took place in 2025.
  4. According to the request, on 27 September 2025, during a public debate in Warsaw broadcast live and streamed online, Grzegorz Braun is alleged to have publicly denied, contrary to the facts, genocide crimes committed between 1941 and 1944 at the Auschwitz-Birkenau camp.
  5. The alleged act is an offence under Article 55 of the Act of 18 December 1998 on the Institute of National Remembrance.
  6. Grzegorz Braun was elected in June 2024 and was a Member at the time of the alleged offence.
  7. Parliament finds the alleged offence is not an opinion expressed or a vote cast in the performance of his duties under Article 8 of Protocol No 7.
  8. Parliament finds no evidence of fumus persecutionis, meaning the proceedings do not appear intended to damage his political activity as a Member or Parliament's independence.
  9. Parliament states it cannot assume the role of a court, and in a waiver procedure a Member cannot be regarded as a defendant.
  10. Parliament instructs its President to forward the decision immediately to the competent authority of the Republic of Poland and to Grzegorz Braun.

Who is affected

  • Grzegorz Braun, Member of the European Parliament elected in Poland: his immunity is waived.
  • The competent authority of the Republic of Poland: receives the decision immediately.

Figures and deadlines

  • 25 February 2026: date of the letter from the Prosecutor General of Poland transmitting the request.
  • 25 March 2026: date the request was announced in plenary.
  • 2025: year the alleged offences took place.
  • 27 September 2025: date of the public debate in Warsaw.
  • 1941 and 1944: years of the genocide crimes at the Auschwitz-Birkenau camp.
  • June 2024: European elections in which Grzegorz Braun was elected.

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.

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