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REPORT (2023/2192(IMM))

On the request for waiver of the immunity of Gunnar Beck

A-9-2024-0170

Committee on Legal Affairs · Rapporteur: Ibán García Del Blanco

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Parliament's decision on a request from the Chief Public Prosecutor in Düsseldorf to waive the immunity of Gunnar Beck, an MEP elected for Germany, in connection with a preliminary investigation into suspected criminal offences. The alleged offences are theft of low-value property in combination with intentional bodily injury and resistance to law enforcement officials, said to have occurred on 29 October 2022 in a department store in Neuss, Germany. Parliament finds the alleged offences do not concern opinions expressed or votes cast in the performance of a Member's duties, and finds no evidence of fumus persecutionis. Parliament decides to waive Gunnar Beck's immunity and instructs its President to forward the decision and the committee report to the competent German authority and to Gunnar Beck.

Committee position. The Committee on Legal Affairs proposes that Parliament waive the immunity of Gunnar Beck, finding the alleged offences unrelated to his parliamentary duties and no evidence of fumus persecutionis.

Key points

  1. The Chief Public Prosecutor in Düsseldorf requested the waiver of Gunnar Beck's immunity for a preliminary investigation into suspected criminal offences.
  2. The suspected offences are theft of low-value property in combination with intentional bodily injury and resistance to law enforcement officials under sections 242(1), 248a, 223(1), 230(1) sentence 1, 113(1) and 53 of the German Criminal Code.
  3. On 29 October 2022 in a department store in Neuss, Gunnar Beck allegedly took tester products without paying, was restrained by store detectives, and allegedly did not comply with law enforcement officials' requests not to resist.
  4. The alleged offences do not concern opinions expressed or votes cast in the performance of a Member's 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; Article 46(2), (3) and (4) of the German Basic Law requires the Bundestag's permission for prosecution or arrest of a Member.
  6. Article 192b of the Richtlinien für das Strafverfahren und das Bußgeldverfahren provides that a Member of the European Parliament from Germany is entitled to the immunity granted to a Member of the German Bundestag.
  7. Parliament cannot assume the role of a court, and in a waiver of immunity procedure a Member cannot be regarded as a 'defendant'.
  8. 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 that cannot be separated from those duties.
  9. Parliament found no evidence of fumus persecutionis, meaning no factual elements indicating that the intention underlying the legal proceeding may be to damage a Member's political activity and thus the European Parliament.
  10. Parliament decides to waive the immunity of Gunnar Beck.
  11. Parliament instructs its President to forward the decision and the committee report immediately to the competent German authority and to Gunnar Beck.

Who is affected

  • Gunnar Beck, MEP elected for Germany: his immunity is waived, allowing the preliminary investigation to proceed.
  • The competent German authority: receives the decision and the committee report.

Figures and deadlines

  • 25 July 2023: date of the letter from the German Federal Ministry of Justice and Consumer Protection forwarding the waiver request.
  • 11 September 2023: date the request was communicated in plenary.
  • 29 October 2022: date of the alleged offences in a department store in Neuss, Germany.

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.