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Request for the waiver of the immunity of Elisabetta Gualmini

TA-10-2025-0316 · P10_TA(2025)0316 · PE774.382

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Parliament decided not to waive the immunity of Elisabetta Gualmini, a Member elected in Italy, in connection with criminal proceedings requested by the Belgian Federal Prosecutor's Office. The request concerned alleged involvement in a criminal organisation and passive bribery between 1 July 2019 and 10 December 2022, but Parliament found inconsistencies, lack of evidence, and signs of fumus persecutionis.

Key points

  1. Parliament decided not to waive the immunity of Elisabetta Gualmini.
  2. The alleged offences do not relate to opinions expressed or votes cast in performance of duties under Article 8 of Protocol No 7.
  3. The request showed inconsistencies between the alleged period of offences and the justification, relying on assumptions and insinuations.
  4. No clear quid pro quo or personal benefit to Gualmini was demonstrated.
  5. The alleged facts disrespect established political processes within Parliament and political groups.
  6. There is concrete evidence that the proceedings aim to undermine Gualmini's political activity and Parliament's functioning (fumus persecutionis).

Who is affected

  • Elisabetta Gualmini, Member of the European Parliament, whose immunity is not waived.
  • The competent authority of the Kingdom of Belgium, which requested the waiver, will be informed of the decision.

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.