Members of the European Parliament benefit from parliamentary immunity, but that doesn’t mean they are completely invulnerable to legal proceedings.
Certain members of the European Parliament have come under increasing scrutiny over the past couple of years for a range of alleged misconduct.
Hungarian investigators are looking into allegations that Italian MEP Ilaria Salis attacked right-wing activists, for example, while various MEPs and parliamentary officials are under the microscope for their alleged involvement in the so-called Qatargate corruption scandal.
Allegations also abound that various MEPs received cash from a Kremlin-backed network to spread Russian propaganda in Europe as part of the Russiagate probe.
Before any legal proceedings can be launched against MEPs, however, investigative authorities must first overcome the hurdle of parliamentary immunity.
Thanks to this privilege, MEPs can’t be subject to any form of inquiry, detention or legal proceedings because of opinions expressed or votes cast in their capacity as an MEP.
In theory, parliamentary immunity helps to restrain any unauthorised use of power by the judiciary, maintains judicial accountability and promotes democracy.
In the case of MEPs, It works both in their own member state, similar to the immunity granted to national parliament members, and across other EU countries too.
However, this isn’t to say that MEPs are completely immune to any kind of legal process.
An MEP can’t claim immunity when they are caught in the act of committing an offence, according to the European Parliament, and immunity can of course be lifted.
How does the immunity waiver process work?
To lift an MEP’s immunity, a national authority must first submit a request to do so to the European Parliament.
The president of the parliament announces the request to the plenary and refers it to the Legal Affairs Committee (JURI).
The committee then investigates by asking for any information or explanation that it deems necessary, according to the European Parliament. The MEP in question will be given an opportunity to be heard, and may present any documents or other written evidence.
There’s no pre-defined timeline for this confidential process, as each case is individual with its own distinct features.
Following the investigation, JURI makes a recommendation on whether to approve or reject the request to lift the MEP’s immunity, which the European Parliament then votes on.
Afterwards, the president informs both the MEP and the authority that made the request in the first place about the result. If the MEP’s immunity is lifted, then legal proceedings can begin.
Even if immunity is waived, the MEP will still keep their seat: the European Parliament stresses that lifting someone’s immunity doesn’t constitute a guilty verdict but allows national authorities to go ahead with legal proceedings.
If the MEP is later convicted, it’s up to their member state to decide whether their mandate is voided.
