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Request for waiver of the immunity of Ioannis Lagos

TA-9-2024-0054 · P9_TA(2024)0054 · PE755.043

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament decided not to waive the immunity of Ioannis Lagos, who faced a Greek request to lift it over a statement posted online. The request came from the Deputy Public Prosecutor at the Athens Court of First Instance, linked to possible criminal charges over a message published on 1 March 2022. Parliament found the statement was made in his capacity as a Member and had a direct and obvious connection with his parliamentary mandate. It recalled that statements outside Parliament can count as opinions expressed in the performance of duties, judged by their nature and content, not the place they were made.

Key points

  1. Parliament decides not to waive the immunity of Ioannis Lagos.
  2. The request for waiver came from the Deputy Public Prosecutor at the Athens Court of First Instance, transmitted by letter dated 31 May 2023 by the Deputy Prosecutor of the Supreme Court of Greece.
  3. The request concerns possible criminal charges over a statement Ioannis Lagos posted on the internet.
  4. On 1 March 2022, Ioannis Lagos published a message on his party's website allegedly constituting public incitement to violence or hatred against a group identified by national origin, religion or sexual orientation.
  5. The message is alleged to violate Article 1 of Greek Law No 927/1979 as amended by Greek Laws No 4285/2014 and No 4491/2017.
  6. On 2 March 2022, the Greek Observatory of the Helsinki Accords notified the Athens Court of First Instance of the message.
  7. On 1 March 2022, Ioannis Lagos took part in the plenary vote on the motion for resolution on 'Russian aggression against Ukraine' and later published a statement explaining his vote.
  8. Parliament states that immunity is not a Member's personal privilege but a guarantee of Parliament's independence and that of its Members.
  9. Parliament cannot act as a court, and in a waiver procedure a Member cannot be regarded as a defendant.
  10. Article 8 of Protocol No 7 states that Members shall not be subject to any form of inquiry, detention or legal proceedings for opinions expressed or votes cast in the performance of their duties.
  11. A statement outside Parliament can be an opinion expressed in the performance of duties if it contains a subjective assessment with a direct and obvious connection to the Member's duties, judged by its nature and content.
  12. Political debate by Members increasingly takes place outside Parliament's premises, including on the internet, and the statement by Ioannis Lagos was clearly made in his capacity as a Member with a direct and obvious connection to his mandate.

Who is affected

  • Ioannis Lagos, Member of the European Parliament, whose immunity is not waived.
  • The competent authority of the Hellenic Republic, which is informed of the decision.

Figures and deadlines

  • 31 May 2023: date of the letter transmitting the waiver request.
  • 1 March 2022: date Ioannis Lagos published the message on his party's website.
  • 2 March 2022: date the Greek Observatory of the Helsinki Accords notified the Athens Court of First Instance.
  • 1 March 2022: date Ioannis Lagos took part in the plenary vote on 'Russian aggression against Ukraine'.

Legal basis: Article 8 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.