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Adopted text

Request for waiver of the immunity of Andris Ameriks

TA-9-2024-0225 · P9_TA(2024)0225 · PE759.886

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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 Andris Ameriks, a Member elected in Latvia, in response to a request from the Riga Public Prosecutor's Office to allow criminal proceedings over an alleged bribe. The alleged offence dates from 2017, when he was Deputy Mayor of Riga, but the request was not submitted until 2023, and Parliament found no convincing justification for the delay. Parliament found uncertainties about the evidence and serious doubts about the procedure, and concluded that fumus persecutionis can be assumed.

Key points

  1. Parliament decides not to waive the immunity of Andris Ameriks.
  2. The request came from the Prosecutor at the Anti-Corruption Coordination Section of the Riga Public Prosecutor's Office, to bring criminal proceedings for obtaining a bribe before an unlawful act by using official position, under Article 320(4) of the Latvian Criminal Code.
  3. The alleged offence took place from 22 July 2017 to 17 September 2017, when Andris Ameriks was Deputy Mayor of Riga City Council, and concerned a demand for a bribe from the indirect owner of a minibus transport company.
  4. The alleged offence does not concern opinions expressed or votes cast in the performance of his duties under Article 8 of Protocol No 7.
  5. Under Article 9 of Protocol No 7, Members enjoy in their own state the immunities accorded to members of their parliament; Articles 29 and 30 of the Latvian Constitution require the Saeima's consent for arrest, search, restriction of liberty, criminal prosecution or administrative fines.
  6. Parliament cannot act as a court, and in a waiver procedure a Member cannot be regarded as a defendant.
  7. The purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings over activities carried out in the performance of parliamentary duties that cannot be separated from those duties.
  8. The investigation could not establish with certainty the precise place and time of the alleged offence.
  9. The offence was allegedly committed in 2017, but the Prosecutor General of Latvia did not submit the waiver request until 23 May 2023, with no convincing justification for the delay.
  10. Parliament has broad discretion whether to grant or refuse a waiver request, owing to the political nature of the decision.
  11. The evidence raises serious doubt that the intention was to undermine Andris Ameriks' political activity, including as a Member of the European Parliament, and there are uncertainties about the evidence and serious doubts about the procedure.
  12. Fumus persecutionis can be assumed: there is concrete evidence that the intention behind the proceedings is to undermine his political activity.

Who is affected

  • Andris Ameriks, Member of the European Parliament elected in Latvia: his immunity is not waived.
  • The competent authority of the Republic of Latvia: it is informed of the decision.

Figures and deadlines

  • 22 July 2017 to 17 September 2017: period of the alleged offence.
  • 50%: share of the amounts received from Riga City Council allegedly demanded as a bribe.
  • May 2019: European elections at which Andris Ameriks was elected to the European Parliament.
  • 23 May 2023: date the Prosecutor General of Latvia submitted the waiver request.
  • 24 May 2023: date of the request for waiver of immunity from the Riga Public Prosecutor's Office.

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.