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Request for waiver of the immunity of Anna Júlia Donáth

TA-9-2024-0226 · P9_TA(2024)0226 · PE759.739

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Parliament decided not to waive the immunity of Anna Júlia Donáth, a Member elected in Hungary, in response to a request from the Prosecutor General of Hungary. The request concerned criminal proceedings for an alleged offence on 21 February 2022 during a search at premises belonging to a religious figure. Parliament found serious doubt that the intention was to undermine her political activity, so fumus persecutionis can be assumed.

Key points

  1. Parliament decides not to waive the immunity of Anna Júlia Donáth.
  2. The request came from the Prosecutor General of Hungary on 19 December 2023, concerning criminal case No 2.Nyom.397/2022.
  3. The alleged offence is violation of Article 310(1)(a) of Hungarian Law C of 2012, for events on 21 February 2022 during a search.
  4. The alleged offence does not constitute an opinion expressed or a vote cast in the performance of her duties as a Member of the European Parliament.
  5. Members of the European Parliament enjoy, in their own State, the immunities accorded to members of their parliament.
  6. Parliament has broad discretion when deciding whether to grant or refuse a request for waiver of immunity, owing to the political nature of such a decision.
  7. The request was made almost two years after the events and in the run-up to the 2024 European elections.
  8. Of the Members of Parliament present and implicated, only two, including Anna Júlia Donáth, have been subject to national proceedings.
  9. The two Members of Parliament in question are candidates for the 2024 European elections in Hungary.
  10. The concordance of evidence raises serious doubt that the intention was to undermine her political activity.
  11. It appears that fumus persecutionis can be assumed, i.e. concrete evidence that the intention underlying the legal proceedings is to undermine her political activity.

Who is affected

  • Anna Júlia Donáth, Member of the European Parliament elected in Hungary: her immunity is not waived.
  • The competent authority of Hungary: it is informed of the decision.

Figures and deadlines

  • 19 December 2023: date of the request for waiver of immunity.
  • 21 February 2022: date of the events during a search.
  • 2024: year of the European elections.

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.