Request for waiver of the immunity of Nils Ušakovs
TA-9-2024-0227 · P9_TA(2024)0227 · PE759.890
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Parliament decided not to waive the immunity of Nils Ušakovs, a Member elected in Latvia, in response to a request from the Riga Public Prosecutor's Office.¶¶ The request concerned alleged bribery, fraud and other offences said to have been committed in 2017 when he was Mayor of Riga City Council.¶¶ Parliament found uncertainties about the evidence and serious doubts about the procedure, and considered that fumus persecutionis could be assumed.¶¶
Key points
- Parliament decides not to waive the immunity of Nils Ušakovs.¶
- The request came from the Prosecutor at the Anti-Corruption Coordination Section of the Riga Public Prosecutor's Office, for criminal proceedings in Latvia.¶¶
- The alleged offences are obtaining a bribe, fraud on a large scale in an organised group, and intentional acts as a public official, under Latvian Criminal Code articles.
- The alleged conduct took place between 22 July 2017 and 17 September 2017, when Nils Ušakovs was Mayor of Riga City Council.¶
- The alleged offence does not concern opinions expressed or votes cast in the performance of his duties.¶
- Parliament cannot act as a court, and a Member cannot be regarded as a defendant in a waiver of immunity procedure.¶
- Parliamentary immunity protects Parliament and its Members from legal proceedings over activities carried out in the performance of parliamentary duties.¶
- The investigation could not establish with certainty the precise place and time of the alleged offences.¶
- The alleged offences date from 2017, but the Prosecutor General of Latvia did not submit the waiver request until 23 May 2023, with no convincing justification for the delay.¶
- There are uncertainties about the evidence and serious doubts about the procedure, including the motivation behind the request.¶
- Parliament has broad discretion in deciding whether to grant or refuse a waiver request, owing to the political nature of the decision.¶
- The evidence raises serious doubt that the intention was to undermine Nils Ušakovs' political activity, so fumus persecutionis can be assumed.¶¶
Who is affected
Figures and deadlines
- 22 July 2017 to 17 September 2017: period of the alleged conduct.¶
- 50%: share of amounts received from Riga City Council allegedly demanded as a bribe.
- May 2019: European elections at which Nils Ušakovs was elected to the European Parliament.¶
- 23 May 2023: date the Prosecutor General of Latvia submitted the waiver request.¶
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.¶