Sittings · Document

Adopted text 2026-09-15

Request for the waiver of the immunity of Francisco Assis

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✦ In short · AI summary of this text, generated 18 Sept 2026

Parliament decided to waive the immunity of Francisco Assis, a Member elected in Portugal, at the request of a criminal investigative judge in Almada, Portugal, in an ongoing pretrial investigation into an alleged offence from 2022. The request concerns a press release he issued in 2022 as President of Portugal's Economic and Social Council, which the complainant says amounted to aggravated defamation. Parliament found the alleged offence was not an opinion expressed or vote cast in the performance of his duties, and found no evidence of fumus persecutionis. It says the merits of the case are for the Portuguese judicial authorities to decide under national law, and that Parliament cannot act as a court.

Key points

  1. Parliament decides to waive the immunity of Francisco Assis, a Member elected in Portugal.
  2. The request came from the criminal investigative judge in Almada, Portugal, part of the District Court of Lisbon, on 18 March 2026.
  3. The investigation follows a complaint about a press release of 31 March 2022 issued by Assis as President of Portugal's Economic and Social Council.
  4. The complainant says the press release described him as a 'collaborator with the autocratic and criminal power installed in the Kremlin' and called for measures against what it called a serious institutional anomaly.
  5. The alleged acts might constitute aggravated defamation under the Portuguese Criminal Code.
  6. The Public Prosecutor's Office closed the preliminary investigation, finding no offence as the statements fell under freedom of expression; the complainant then sought the nullity of that order and a pretrial investigation.
  7. Assis was elected in June 2024 and was not a Member of the European Parliament at the time of the alleged offence.
  8. Parliament finds the alleged offence is not an opinion expressed or a vote cast in the performance of his duties under Article 8 of Protocol No 7.
  9. Parliament finds no evidence of fumus persecutionis, meaning the proceedings do not appear intended to damage his political activity or Parliament's independence.
  10. Parliament states it cannot assume the role of a court and that in a waiver procedure a Member cannot be regarded as a defendant.
  11. The merits of the case are to be determined by the Portuguese judicial authorities under national law.
  12. The President is instructed to forward the decision immediately to the competent authority of the Portuguese Republic and to Assis.

Who is affected

  • Francisco Assis, Member of the European Parliament elected in Portugal: his immunity is waived.
  • The Portuguese judicial authorities: they receive the decision and determine the case under national law.
  • The complainant, a public figure in Portuguese political life, who sought the reopening of the case.

Figures and deadlines

  • 18 March 2026: date the waiver request was submitted by the criminal investigative judge in Almada.
  • 26 March 2026: date the request was announced in Parliament.
  • 15 July 2026: date Assis was heard by Parliament.
  • 31 March 2022: date of the press release at issue.
  • 2022: year of the alleged offence.
  • June 2024: European elections at which Assis was elected.
  • Maximum term of more than three years' imprisonment: threshold in Article 157(2) of the Portuguese Constitution for mandatory authorisation.

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 on the election of Members by direct universal suffrage.

Written by a language model from the full text only; every figure comes from the text and ¶ links to the paragraph it rests on. Check the text itself before relying on it.