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Request for waiver of the immunity of Adam Bielan

TA-10-2025-0021 · P10_TA(2025)0021 · PE766.677

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Parliament decided to waive the immunity of Adam Bielan, a Member of the European Parliament, in connection with criminal proceedings for defamation brought by private accusers in Poland. The alleged defamatory statements were made during a radio interview on 10 March 2023 and concern the Polish National Centre for Research and Development. Parliament found no direct and obvious connection between the statements and Bielan's parliamentary duties, and no evidence of fumus persecutionis.

Key points

  1. Parliament waives the immunity of Adam Bielan.
  2. The request was submitted by the District Court for Warsaw-Śródmieście on 5 July 2024 in connection with criminal proceedings for defamation under Article 212(1) and (2) of the Polish Criminal Code.
  3. The alleged statements were made during an interview broadcast on 10 March 2023 on RMF FM, relating to the Polish National Centre for Research and Development.
  4. The statements allegedly aimed to damage the reputation of two individuals and a company, and were made via mass communication, an offence privately prosecutable under Article 212(4) of the Polish Criminal Code.
  5. Parliament found no direct and obvious connection between the statements and Bielan's mandate as a Member of the European Parliament, so Article 8 of Protocol No 7 does not apply.
  6. Under Article 9 of Protocol No 7 and Article 105(2) and (5) of the Polish Constitution, Bielan enjoys immunity in Poland, but Parliament decided to waive it.
  7. Parliament found no evidence of fumus persecutionis, meaning no intention to undermine Bielan's political activity.

Who is affected

  • Adam Bielan, Member of the European Parliament, whose immunity is waived, allowing criminal proceedings to continue.
  • The competent authority of Poland, which will receive the decision and report.

Legal basis: Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Article 6(2) of the Act of 20 September 1976, Article 105(2) and (5) of the Constitution of the Republic of Poland