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Request for waiver of the immunity of Eva Kaili

TA-9-2024-0056 · P9_TA(2024)0056 · PE749.295

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Parliament decided to waive the immunity of Eva Kaili, a Member of the European Parliament, at the request of the European Chief Prosecutor. The request relates to an investigation into alleged incitement to defraud the EU's financial interests, involving misuse of parliamentary assistant salaries and expenses. Parliament found no evidence of fumus persecutionis, meaning no factual elements suggesting the legal proceeding aims to damage her political activity or Parliament. The alleged offence does not concern opinions expressed or votes cast in the performance of her duties as a Member.

Key points

  1. Parliament waives the immunity of Eva Kaili.
  2. The waiver follows a request from the European Chief Prosecutor dated 15 December 2022.
  3. The request concerns an investigation into facts that may constitute a serious offence of incitement to defraud the EU's financial interests, committed repeatedly.
  4. The alleged losses exceed EUR 120 000 and EUR 150 000, and the offence is punishable by five to 15 years' imprisonment under Greek law.
  5. The alleged irregularities include an accredited parliamentary assistant's failure to be present at work and perform duties between 28 September 2015 and 2 July 2019.
  6. They also include mission order requests and expenses claims for missions not carried out by four of Eva Kaili's assistants between 2014 and 2020.
  7. They further include the paying over of part of an assistant's salary or mission expenses to Eva Kaili, allegedly at her request, between 28 September 2015 and 2 July 2019.
  8. Parliament cannot assume the role of a court, and in a waiver of immunity procedure a Member cannot be regarded as a defendant.
  9. The alleged offence does not concern opinions expressed or votes cast by Eva Kaili in the performance of her duties as a Member.
  10. Members of the European Parliament enjoy, in their own state, the immunities accorded to members of their national parliament.
  11. Under the Greek Constitution, during the parliamentary term Members may not be prosecuted, arrested, imprisoned or subjected to any other constraint without Parliament's prior authorisation.
  12. Parliament found no evidence of fumus persecutionis, i.e. factual elements indicating that the intention underlying the legal proceeding may be to damage a Member's political activity and thus the European Parliament.

Who is affected

  • Eva Kaili, Member of the European Parliament, whose immunity is waived.
  • The European Public Prosecutor's Office, which requested the waiver and will receive the decision.

Figures and deadlines

  • Losses in excess of EUR 120 000 and EUR 150 000.
  • Punishable by a term of imprisonment of five to 15 years.
  • Failure to be present at work between 28 September 2015 and 2 July 2019.
  • Missions not carried out between February 2016 and March 2018 (first assistant), May 2015 and February 2020 (second), December 2015 and April 2019 (third), October 2014 and February 2020 (fourth).
  • Paying over of part of salary/mission expenses between 28 September 2015 and 2 July 2019.

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.