Sittings · Document
On the request for the waiver of the immunity of Francisco Assis
Committee on Legal Affairs · Rapporteur: Dominik Tarczyński
Parliament's decision on the request from a Portuguese court to waive the immunity of Francisco Assis, a Member elected in Portugal, in a defamation case about a 2022 press release.¶¶¶ The request came from the criminal investigative judge in Almada, Portugal, and concerns an alleged offence of aggravated defamation.¶¶ 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.¶¶ It therefore decides to waive his immunity and instructs its President to forward the decision to the Portuguese authorities and to Francisco Assis.¶¶
Committee position. The Committee on Legal Affairs proposes that Parliament waive the immunity of Francisco Assis, finding the alleged offence unrelated to his parliamentary duties and no evidence of fumus persecutionis.¶¶¶
Key points
- The criminal investigative judge in Almada, Portugal, asked Parliament to waive the immunity of Francisco Assis in connection with an ongoing pretrial judicial investigation.¶
- The alleged offence took place in 2022, when Francisco Assis was President of the Economic and Social Council of Portugal and not yet a Member of the European Parliament.¶¶¶
- The complaint concerns a press release of 31 March 2022 and might constitute aggravated defamation under the Portuguese Criminal Code.¶
- The Public Prosecutor's Office closed the preliminary investigation, finding no offence because the statements were made in the context of the right to freedom of expression.¶¶
- The complainant asked for the closure order to be annulled and a pretrial investigation opened, which requires the waiver of Francisco Assis's immunity.¶
- Parliament states that immunity protects Parliament and its Members from legal proceedings over activities carried out in the performance of parliamentary duties.¶
- Parliament states that parliamentary immunity is not a Member's personal privilege but a guarantee of the independence of Parliament and its Members.¶
- Parliament finds that the alleged offence is not an opinion expressed or a vote cast in the performance of his duties within the meaning of Article 8 of Protocol No 7.¶
- 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.¶
- Parliament states it cannot assume the role of a court and that in a waiver of immunity procedure a Member cannot be regarded as a defendant.¶
- Parliament decides to waive the immunity of Francisco Assis.¶
- Parliament instructs its President to forward the decision immediately to the competent authorities of the Portuguese Republic and to Francisco Assis.¶
Who is affected
Figures and deadlines
- 18 March 2026: date the request for the waiver of immunity was submitted.¶¶
- 26 March 2026: date the request was announced in Parliament.¶
- 15 July 2026: date Francisco Assis was heard by Parliament.¶
- 2022: year of the alleged offence.¶
- 31 March 2022: date of the press release at issue.¶
- June 2024: European elections in which Francisco Assis was elected to the European Parliament.¶
- more than three years: maximum prison term threshold in Article 157(2) of the Constitution of the Portuguese Republic.¶
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 concerning the election of the members of the European Parliament by direct universal suffrage.¶
Written by a language model from the full text only; every figure comes from the text and ¶ links to the paragraph it rests on. Check the text itself before relying on it.