Request for the waiver of the immunity of Anna Júlia Donáth
This decision concerns a request to waive the parliamentary immunity of Anna Júlia Donáth, a Member of the European Parliament (MEP). The European Parliament has decided not to waive her immunity, meaning she retains her protection from legal proceedings. The request for waiver came from the Hungarian Prosecutor General regarding criminal proceedings initiated against Ms. Donáth. These proceedings relate to an alleged incident on February 21, 2022, during a search of premises related to a separate investigation. Parliament's decision is based on the principle that immunity protects MEPs from legal proceedings that could undermine their parliamentary duties or political activity. The Parliament found concrete evidence suggesting the proceedings might be intended to hinder Ms. Donáth's political work, particularly as she is a candidate in the upcoming European elections. The alleged offence, a violation of the Hungarian Criminal Code concerning forcibly preventing a public authority figure from exercising their duties, is not considered an opinion or vote cast in the performance of her MEP duties. The waiver request was also noted as being made nearly two years after the events.
Analysis
A request for the waiver of immunity of Anna Júlia Donáth was submitted by the Prosecutor General of Hungary.
What changes
- The European Parliament decides not to waive the immunity of Anna Júlia Donáth.
- The President of the European Parliament is instructed to forward the decision and the committee's report to the appropriate authority of Hungary and to Anna Júlia Donáth.
Expected impact
- The decision not to waive immunity means that Anna Júlia Donáth will retain her parliamentary immunity in relation to the specified criminal proceedings in Hungary.
- The assumption of 'fumus persecutionis' suggests that the legal proceedings may be perceived as an attempt to hinder the political activity of Anna Júlia Donáth, particularly in the context of her candidacy for the 2024 European elections.
- The decision implies that the European Parliament considers the alleged offense not to be an opinion expressed or a vote cast in the performance of Anna Júlia Donáth’s duties as a Member of the European Parliament.
Limitations
- The document does not contain information on the specific outcome of the criminal case in Hungary following this decision.
- The document does not detail the exact nature of the 'altercation' or the 'obstruction' of the search mentioned in Recital B.
- The document does not provide the specific legal consequences for Anna Júlia Donáth if the waiver had been granted.
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