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REPORT (2023/2007(IMM))

On the request for waiver of the immunity of Eva Kaili

A-9-2024-0029

Committee on Legal Affairs · Rapporteur: Ilana Cicurel

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The Committee on Legal Affairs recommends that Parliament waive the parliamentary immunity of Eva Kaili, a Member of the European Parliament. The waiver responds to a request from the European Chief Prosecutor for an investigation into alleged incitement to defraud the EU's financial interests, with losses exceeding EUR 120 000 and EUR 150 000. The alleged offences concern parliamentary assistants' failure to be present at work, claims for missions not carried out, and payments of part of an assistant's salary to Eva Kaili. Parliament found no evidence of fumus persecutionis, meaning no factual elements suggest the legal proceeding aims to damage a Member's political activity or Parliament.

Committee position. The Committee on Legal Affairs proposes that Parliament waive the immunity of Eva Kaili, finding no evidence of fumus persecutionis.

Key points

  1. Parliament decides to waive the immunity of Eva Kaili.
  2. The request for waiver was submitted by the European Chief Prosecutor on 15 December 2022 and announced in plenary on 19 January 2023.
  3. The investigation concerns facts that may constitute a serious offence of incitement to defraud the financial interests of the European Union, committed repeatedly, with losses in excess of EUR 120 000 and EUR 150 000.
  4. The offence is punishable by a term of imprisonment of five to 15 years under Greek law.
  5. The alleged irregularities include an accredited parliamentary assistant's failure to be present at her place of work and to perform her duties between 28 September 2015 and 2 July 2019.
  6. They also include the submission of mission order requests and expenses claims, and reimbursements received for missions not carried out by four of Eva Kaili's assistants between 2014 and 2020.
  7. They further include the paying over of part of an assistant's salary or mission expenses to Eva Kaili, allegedly at her request, between 28 September 2015 and 2 July 2019.
  8. Parliament cannot assume the role of a court, and in a waiver of immunity procedure a Member cannot be regarded as a defendant.
  9. The alleged offence does not concern opinions expressed or votes cast by Eva Kaili in the performance of her duties as a Member of the European Parliament.
  10. Members of the European Parliament enjoy, in the territory of their own state, the immunities accorded to members of their national parliament.
  11. Under the Constitution of the Hellenic Republic, during the parliamentary term Members of Parliament may not be prosecuted, arrested, imprisoned or subjected to any other constraint without the prior authorisation of Parliament.
  12. The purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties.

Who is affected

  • Eva Kaili, Member of the European Parliament: her parliamentary immunity is waived.
  • The European Public Prosecutor's Office: it receives the decision and the committee report.

Figures and deadlines

  • Losses in excess of EUR 120 000 and EUR 150 000.
  • Term of imprisonment of five to 15 years.
  • Failure to be present at work between 28 September 2015 and 2 July 2019.
  • Missions not carried out between February 2016 and March 2018 (first assistant), May 2015 and February 2020 (second), December 2015 and April 2019 (third), October 2014 and February 2020 (fourth).
  • Payments of part of salary or mission expenses between 28 September 2015 and 2 July 2019.

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.