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REPORT (2023/2092(IMM))

On the request for waiver of the immunity of Ioannis Lagos

A-9-2024-0027

Committee on Legal Affairs · Rapporteur: Sergey Lagodinsky

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The Committee on Legal Affairs proposes that Parliament refuse to waive the immunity of Ioannis Lagos, who faces Greek criminal proceedings over a statement posted online. The request came from the Deputy Public Prosecutor at the Athens Court of First Instance, transmitted by the Deputy Prosecutor of the Supreme Court of Greece on 31 May 2023. The statement, published on 1 March 2022, is alleged to constitute public incitement to violence or hatred under Greek Law No 927/1979 as amended. The committee finds the statement was made in Lagos's capacity as a Member and has a direct and obvious connection with his parliamentary mandate, so it falls under Article 8 of Protocol No 7.

Committee position. The Committee on Legal Affairs proposes that Parliament decide not to waive the immunity of Ioannis Lagos, finding that his statement was made in his capacity as a Member and has a direct and obvious connection with his parliamentary mandate.

Key points

  1. Parliament decides not to waive the immunity of Ioannis Lagos.
  2. The request for waiver was made by the Deputy Public Prosecutor at the Athens Court of First Instance in connection with possible criminal charges.
  3. The request was transmitted by letter dated 31 May 2023 by the Deputy Prosecutor of the Supreme Court of Greece and announced in plenary on 14 June 2023.
  4. Ioannis Lagos was heard in accordance with Rule 9(6) of Parliament's Rules of Procedure.
  5. On 1 March 2022, Ioannis Lagos published a message on his party's website allegedly constituting public incitement to violence or hatred against a group identified by national origin, religion or sexual orientation.
  6. On 2 March 2022, the Greek Observatory of the Helsinki Accords notified the Athens Court of First Instance of the message.
  7. On 1 March 2022, Ioannis Lagos took part in the plenary vote on 'Russian aggression against Ukraine' and afterwards published a statement explaining his vote.
  8. Parliamentary immunity is a guarantee of Parliament's independence, not a Member's personal privilege.
  9. Parliament cannot act as a court, and a Member cannot be regarded as a defendant in a waiver procedure.
  10. Article 8 of Protocol No 7 states that Members shall not be subject to inquiry, detention or legal proceedings for opinions expressed or votes cast in the performance of their duties.
  11. A statement made outside Parliament may constitute an opinion expressed in the performance of duties if it contains a subjective assessment with a direct and obvious connection to the Member's parliamentary duties.
  12. Political debate by Members increasingly takes place outside Parliament's premises, including on the internet.

Who is affected

  • Ioannis Lagos, Member of the European Parliament, whose immunity is not waived.
  • Greek authorities, who requested the waiver and are informed of the decision.

Figures and deadlines

  • 31 May 2023: date of the letter transmitting the waiver request.
  • 14 June 2023: date the request was announced in plenary.
  • 1 March 2022: date Ioannis Lagos published the message and took part in the plenary vote.
  • 2 March 2022: date the Greek Observatory of the Helsinki Accords notified the Athens Court of First Instance.

Legal basis: Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union and Article 6(2) of the Act of 20 September 1976.