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REPORT (2023/2091(IMM))

On the request for waiver of the immunity of Nils Ušakovs

A-9-2024-0167

Committee on Legal Affairs · Rapporteur: Gilles Lebreton

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The Committee on Legal Affairs reports on a request from the Riga Public Prosecutor's Office to waive the immunity of Nils Ušakovs, a Member of the European Parliament elected for Latvia. The request concerns alleged bribery, fraud and other offences said to have been committed in 2017 when he was Mayor of Riga City Council. The committee finds serious doubts about the evidence and procedure, and concrete evidence that the intention was to undermine his political activity, so it decides not to waive his immunity.

Committee position. The Committee on Legal Affairs proposes that Parliament decide not to waive the immunity of Nils Ušakovs, finding serious doubts about the evidence and procedure and concrete evidence that the intention was to undermine his political activity.

Key points

  1. The Prosecutor at the Anti-Corruption Coordination Section of the Riga Public Prosecutor's Office asked Parliament to waive the immunity of Nils Ušakovs to bring criminal proceedings against him.
  2. The alleged offences are obtaining a bribe, fraud on a large scale in an organised group, and intentional acts causing serious consequences under the Latvian Criminal Code.
  3. The alleged conduct took place from 22 July 2017 to 17 September 2017, when Nils Ušakovs was Mayor of Riga City Council.
  4. The alleged offence does not concern opinions expressed or votes cast in the performance of his parliamentary duties.
  5. Members of the European Parliament enjoy, in their own state, the immunities accorded to members of their national parliament.
  6. Under the Latvian Constitution, members of the Saeima may not be arrested or prosecuted without its consent.
  7. Parliament cannot act as a court, and a Member cannot be regarded as a defendant in a waiver of immunity procedure.
  8. The purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings over activities carried out in the performance of parliamentary duties.
  9. The investigation could not establish with certainty the precise place and time of the alleged offences.
  10. The offences were allegedly committed in 2017, but the request for waiver of immunity was not submitted until 23 May 2023, with no convincing justification for the delay.
  11. There are uncertainties about the evidence and serious doubts about the procedure, including the motivation behind the request.
  12. The committee finds concrete evidence that the intention was to undermine his political activity, so it decides not to waive his immunity.

Who is affected

  • Nils Ušakovs, Member of the European Parliament elected for Latvia: his immunity is not waived.
  • The Riga Public Prosecutor's Office and the Prosecutor General of the Republic of Latvia: their request for waiver is refused.

Figures and deadlines

  • 22 July 2017 to 17 September 2017: period of the alleged conduct.
  • 50%: share of the amounts the minibus transport company received from Riga City Council that was allegedly demanded as a bribe.
  • May 2019: European elections at which Nils Ušakovs was elected to the European Parliament.
  • 24 May 2023: date of the request for waiver of immunity.
  • 23 May 2023: date the Prosecutor General of the Republic of Latvia submitted the request for waiver of immunity.

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.