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REPORT (2023/2090(IMM))

On the request for waiver of the immunity of Andris Ameriks

A-9-2024-0169

Committee on Legal Affairs · Rapporteur: Gilles Lebreton

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Parliament's decision on a request from Latvia's Prosecutor General to waive the immunity of Member Andris Ameriks so criminal proceedings could start. Parliament decides not to waive his immunity, finding serious doubts about the evidence and the procedure and signs of fumus persecutionis.

Committee position. The Committee on Legal Affairs proposes that Parliament decide not to waive the immunity of Andris Ameriks, finding serious doubts about the evidence and procedure and signs of fumus persecutionis.

Key points

  1. The Prosecutor at the Anti-Corruption Coordination Section of the Riga Public Prosecutor's Office asked for the waiver of Andris Ameriks' immunity to bring criminal proceedings against him for obtaining a bribe using his official position.
  2. The alleged offence dates from 2017, when Andris Ameriks was Deputy Mayor of Riga City Council, and concerns a bribe from the indirect owner of a minibus transport company.
  3. Andris Ameriks was elected to the European Parliament in May 2019.
  4. The alleged offence does not concern opinions expressed or votes cast in the performance of his duties under Article 8 of Protocol No 7.
  5. Under Article 9 of Protocol No 7, Members enjoy in their own state the immunities accorded to members of their national parliament; Articles 29 and 30 of the Latvian Constitution require the Saeima's consent for arrest, prosecution or fines.
  6. Parliament cannot act as a court, and in a waiver procedure a Member cannot be regarded as a defendant.
  7. Parliament states that the investigation could not establish with certainty the precise place and time of the alleged offence.
  8. Parliament notes the offence was allegedly committed in 2017 but the request was not submitted until 23 May 2023, with no convincing justification for the delay.
  9. Parliament finds serious doubts about the evidence and the procedure, including the motivation behind the request, and concludes that fumus persecutionis can be assumed.
  10. Parliament decides not to waive the immunity of Andris Ameriks.

Who is affected

  • Andris Ameriks, Member of the European Parliament elected for Latvia: his immunity is not waived.
  • The Latvian prosecution authorities: their request for waiver of immunity is refused.

Figures and deadlines

  • 22 July 2017 to 17 September 2017: period of the alleged offence.
  • 50%: share of the amounts the minibus company received from Riga City Council that the bribe allegedly equalled.
  • May 2019: European elections at which Andris Ameriks was elected.
  • 24 May 2023: date of the request for waiver of immunity.
  • 23 May 2023: date the Prosecutor General of Latvia submitted the request.
  • 14 June 2023: date the request was announced in plenary.

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.