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Request for the waiver of the immunity of Péter Magyar

TA-10-2025-0205 · P10_TA(2025)0205 · PE775.580

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Parliament decided not to waive the immunity of Péter Magyar, a Member of the European Parliament, in connection with defamation proceedings brought against him in Hungary. The decision is based on the view that the legal proceedings appear intended to harm his political activity, constituting fumus persecutionis.

Key points

  1. Parliament decided not to waive the immunity of Péter Magyar.
  2. The request for waiver was submitted by the Central District Court of Pest in connection with alleged defamation of the political movement Mi Hazánk Mozgalom and one of its vice-presidents.
  3. The alleged offence does not relate to an opinion expressed or vote cast in the performance of his duties under Article 8 of Protocol No 7.
  4. Under Hungarian law, members of the Hungarian Parliament enjoy immunity, and criminal proceedings against them require prior consent of the National Assembly.
  5. Parliamentary immunity is not a personal privilege but a guarantee of the independence of Parliament and its Members.
  6. Parliament has broad discretion in deciding whether to grant or refuse a waiver request, owing to the political nature of the decision.
  7. The choice of criminal action rather than civil defamation raises doubts about its purpose, suggesting an intention to harm Péter Magyar's reputation as a Member of the European Parliament.
  8. There is concrete evidence that the legal proceedings were intended to undermine Péter Magyar's political activity, so fumus persecutionis can be assumed.
  9. Parliament cannot assume the role of a court, and in a waiver procedure a Member cannot be regarded as a defendant.

Who is affected

  • Péter Magyar, Member of the European Parliament, whose immunity is not waived, allowing him to avoid prosecution in Hungary.
  • The competent Hungarian authority, 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 4(2) of the Fundamental Law of Hungary