Will Hungary’s Opposition Leader Lose His European Parliamentary Immunity?
Understanding Immunity
It’s essential to recognize that any decision made by the Legal Affairs Committee regarding requests—such as the one for Salis on Thursday and soon after for Magyar—will merely act as a recommendation to the European Parliament’s plenary session, which holds the final authority over MEPs’ parliamentary immunity.
Maintaining immunity doesn’t imply that the European Parliament views an MEP as innocent; nor does waiving it suggest guilt. The European Parliament functions as a legislative body, not a court, and therefore, its decision to revoke immunity is solely about whether criminal proceedings against an MEP can advance.
The protocols regarding parliamentary immunity are specifically defined: MEPs are granted the same immunity within their own state as members of their national parliament and are protected from arrest and legal actions in other member states. This immunity is applicable only during European Parliament sessions and while traveling to and from parliamentary events. Furthermore, it is important to note that immunity is not applicable if an MEP is apprehended while committing a crime.
Over the years, the Court of Justice of the European Union (ECJ) has elaborated on MEPs’ immunity, occasionally interpreting it in a broader context. For example, the timeframe concerning the sessions of the European Parliament is now recognized to encompass the complete term of MEPs, commencing from the official declaration of European election results.
As for the rationale behind preserving or relinquishing immunity, the EU’s General Court has confirmed that immunity is applicable in instances where legal actions are initiated against MEPs with the intent of hindering their functions in the European Parliament. Consequently, earlier (political) actions prior to their election as MEPs (or even as candidates) do not fall under this immunity.
Thus, the pivotal question is whether there is an intent from the requestor—in this situation, Hungary’s chief prosecutor—to impede an MEP’s activities in their role. From this perspective, Salis has limited grounds for optimism in retaining her immunity; whereas Magyar may have a greater chance of success.