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Request for the waiver of the immunity of Daniel Obajtek

TA-10-2026-0106 · P10_TA(2026)0106 · PE786.910

✦ In short · AI summary of this text, generated 4 Sept 2026

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Parliament decided to waive the immunity of Daniel Obajtek, a Member of the European Parliament, in connection with criminal proceedings in Poland over alleged perjury and restriction of magazine sales.

Key points

  1. The request for waiver came from the Prosecutor General of Poland, based on a request from the Warsaw Regional Public Prosecutor’s Office, concerning alleged offences under Polish law.
  2. The alleged perjury occurred on 11 May 2023 when Obajtek testified as a witness in a civil libel case before the Regional Court for Warsaw-Śródmieście.
  3. Obajtek allegedly demanded removal of issue 10/2023 of 'NIE' magazine from ORLEN petrol stations, restricting its distribution, which is an offence under the Press Act.
  4. Obajtek was not a Member of the European Parliament at the time of the alleged offences or when the investigation opened.
  5. The alleged offences are not related to his parliamentary duties, so Article 8 of Protocol No 7 does not apply.
  6. Under Polish law, deputies enjoy immunity from criminal accountability without consent of the Sejm, except in flagrante delicto cases.
  7. Parliament found no evidence of fumus persecutionis, meaning the proceedings do not appear intended to damage Obajtek's political activity.
  8. Parliament cannot act as a court, and in waiver procedures the Member is not a defendant.

Who is affected

  • Daniel Obajtek, Member of the European Parliament, whose immunity is waived, allowing criminal proceedings to proceed in Poland.

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