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REPORT (2023/2185(IMM))

On the request for waiver of the immunity of Georgios Kyrtsos

A-9-2024-0028

Committee on Legal Affairs · Rapporteur: Angel Dzhambazki

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The Committee on Legal Affairs proposes that Parliament waive the parliamentary immunity of Georgios Kyrtsos, a Member elected for Greece, in connection with criminal proceedings brought by the Greek authorities for non-payment of a debt to the Greek State. The committee finds that the alleged offence relates to his role as manager of a newspaper company, not to his duties as a Member, and that there is no evidence of fumus persecutionis. It notes that Mr Kyrtsos stated at his hearing that he did not object to his immunity being waived.

Committee position. The Committee on Legal Affairs proposes that Parliament waive the immunity of Georgios Kyrtsos, finding no link between the alleged offence and his parliamentary duties and no evidence of fumus persecutionis.

Key points

  1. Parliament decides to waive the immunity of Georgios Kyrtsos.
  2. The request came from the Public Prosecutor at the Athens Court of First Instance, in connection with criminal proceedings for non-payment of an amount owed to the Greek State.
  3. Mr Kyrtsos is accused of failing to pay the amount in his capacity as deputy managing director of the company KMP Ekdotiki Anonimi Etaireia.
  4. The alleged offence is non-payment of debts to the State under the cited provisions of Greek law.
  5. The committee finds the alleged offence has no direct link with Mr Kyrtsos's activities as a Member of the European Parliament.
  6. The alleged offence does not constitute opinions expressed or votes cast in the performance of his duties as a Member.
  7. Under Article 9 of Protocol No 7, Members enjoy in their own State the immunities accorded to members of their parliament, and immunity cannot prevent Parliament from waiving it.
  8. Article 62 of the Constitution of the Hellenic Republic provides that members of parliament may not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by parliament.
  9. Parliament found no evidence of fumus persecutionis, meaning no factual elements indicating the judicial investigation was initiated to damage his political activity as a Member.
  10. Parliament alone decides whether to waive immunity and may take account of the Member's position; Mr Kyrtsos stated at his hearing that he did not object to his immunity being waived.
  11. Parliament cannot assume the role of a court, and in a waiver procedure a Member cannot be regarded as a defendant.

Who is affected

  • Georgios Kyrtsos, Member of the European Parliament elected for Greece: his parliamentary immunity is waived.
  • The Greek authorities: the decision and the committee report are forwarded to them.

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.