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2022/2208(IMM) Request for the waiver of the immunity of Anna Júlia Donáth

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI LAGODINSKY Sergey (icon: Verts/ALE Verts/ALE)
Lead committee dossier:
Legal Basis:
RoP 6

Events

2023/03/30
   EP - Text adopted by Parliament, single reading
Documents
2023/03/30
   EP - Results of vote in Parliament
2023/03/30
   EP - Decision by Parliament
Details

The European Parliament decided to waive the immunity of Anna Júlia Donáth (Renew Europe, HU).

As a reminder, on 21 October 2022, the District Court of Kecskemét (Hungary) submitted a request for waiver of the parliamentary immunity of Anna Júlia Donáth, Member of the European Parliament elected for Hungary, in the context of the criminal proceedings for defamation brought against her by way of private indictment.

On 20 January 2022, a statement by the Executive Committee of the Momentum Mozgalom Párt (Momentum Movement party) referring to the suspension of the claimant’s party membership, alleging that this suspension came after a series of ethical violations by the claimant, was published in the party’s online newspaper and on its Facebook page. It appears that, between 21 November 2021 and 29 May 2022, Anna Júlia Donáth was serving as president of the Momentum Mozgalom Párt’s Executive Committee.

On 31 January 2022, the claimant brought a private action before the District Court of Kecskemét against Anna Júlia Donáth, in her capacity as president of the Momentum Mozgalom Párt’s Executive Committee, claiming the statutory offence of defamation in public. That offence may be punished only in the context of a private action.

Members considered that the allegations against Anna Júlia Donáth, and the subsequent request for waiver of her immunity, are not related to an opinion expressed or vote cast by her in the performance of her duties as a Member of the European Parliament, but to the fact that they concern activities of a national nature, carried out in her capacity as president of her national party.

According to Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy, in the territory of their own State, the immunities accorded to members of their parliament and, in the territory of any other Member State, immunity from any measure of detention and from legal proceedings. Immunity cannot be claimed when a Member is found in the act of committing an offence and does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members.

In the present case, Parliament has not been able to establish that there was fumus persecutionis , i.e. factual elements indicating that the possible legal proceedings in question will be initiated with the intention of damaging the political activity of the Member and, consequently, of the European Parliament. Anna Júlia Donáth stated that she does not object to her parliamentary immunity being waived.

Therefore, following the recommendation of its Legal Affairs Committee, the European Parliament decided to waive the immunity of Anna Júlia Donáth.

Documents
2023/03/23
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted the report by Sergey LAGODINSKY (Greens/EFA, DE) on the request for waiver of the immunity of Anna Júlia Donáth.

As a reminder, on 21 October 2022, the District Court of Kecskemét, Hungary, submitted a request for waiver of the parliamentary immunity of Anna Júlia Donáth, Member of the European Parliament elected for Hungary, in the context of the criminal proceedings for defamation brought against her by way of private indictment. The request includes a previous request for waiver of the immunity of Anna Júlia Donáth by the same District Court, dated 28 June 2022, which, however, appears never to have been received by the European Parliament.

On 20 January 2022, a statement by the Executive Committee of the Momentum Mozgalom Párt (Momentum Movement party) referring to the suspension of the claimant’s party membership, alleging that this suspension came after a series of ethical violations by the claimant, was published in the party’s online newspaper and on its Facebook page. It appears that, between 21 November 2021 and 29 May 2022, Anna Júlia Donáth was serving as president of the Momentum Mozgalom Párt’s Executive Committee.

On 31 January 2022, the claimant brought a private action before the District Court of Kecskemét against Anna Júlia Donáth, in her capacity as president of the Momentum Mozgalom Párt’s Executive Committee, claiming the statutory offence of defamation in public. That offence may be punished only in the context of a private action.

Members considered that the allegations against Anna Júlia Donáth, and the subsequent request for waiver of her immunity, are not related to an opinion expressed or vote cast by her in the performance of her duties as a Member of the European Parliament, but to the fact that they concern activities of a national nature, carried out in her capacity as president of her national party.

In the present case, the Parliament has not been able to establish that there was fumus persecutionis , i.e. factual elements indicating that the possible legal proceedings in question will be initiated with the intention of damaging the political activity of the Member and, consequently, of the European Parliament.

In the light of these considerations, the committee responsible recommended that the European Parliament decide to waive the immunity of Anna Júlia Donáth.

Documents
2023/03/21
   EP - Vote in committee
2023/01/16
   EP - LAGODINSKY Sergey (Verts/ALE) appointed as rapporteur in JURI

Documents

History

(these mark the time of scraping, not the official date of the change)

events/2
date
2023-03-30T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2023-0087_EN.html title: T9-0087/2023
events/2
date
2023-03-30T00:00:00
type
Results of vote in Parliament
body
EP
docs
url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=59655&l=en title: Results of vote in Parliament
events/3
date
2023-03-30T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2023-0087_EN.html title: T9-0087/2023
events/3/summary
  • The European Parliament decided to waive the immunity of Anna Júlia Donáth (Renew Europe, HU).
  • As a reminder, on 21 October 2022, the District Court of Kecskemét (Hungary) submitted a request for waiver of the parliamentary immunity of Anna Júlia Donáth, Member of the European Parliament elected for Hungary, in the context of the criminal proceedings for defamation brought against her by way of private indictment.
  • On 20 January 2022, a statement by the Executive Committee of the Momentum Mozgalom Párt (Momentum Movement party) referring to the suspension of the claimant’s party membership, alleging that this suspension came after a series of ethical violations by the claimant, was published in the party’s online newspaper and on its Facebook page. It appears that, between 21 November 2021 and 29 May 2022, Anna Júlia Donáth was serving as president of the Momentum Mozgalom Párt’s Executive Committee.
  • On 31 January 2022, the claimant brought a private action before the District Court of Kecskemét against Anna Júlia Donáth, in her capacity as president of the Momentum Mozgalom Párt’s Executive Committee, claiming the statutory offence of defamation in public. That offence may be punished only in the context of a private action.
  • Members considered that the allegations against Anna Júlia Donáth, and the subsequent request for waiver of her immunity, are not related to an opinion expressed or vote cast by her in the performance of her duties as a Member of the European Parliament, but to the fact that they concern activities of a national nature, carried out in her capacity as president of her national party.
  • According to Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy, in the territory of their own State, the immunities accorded to members of their parliament and, in the territory of any other Member State, immunity from any measure of detention and from legal proceedings. Immunity cannot be claimed when a Member is found in the act of committing an offence and does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members.
  • In the present case, Parliament has not been able to establish that there was fumus persecutionis , i.e. factual elements indicating that the possible legal proceedings in question will be initiated with the intention of damaging the political activity of the Member and, consequently, of the European Parliament. Anna Júlia Donáth stated that she does not object to her parliamentary immunity being waived.
  • Therefore, following the recommendation of its Legal Affairs Committee, the European Parliament decided to waive the immunity of Anna Júlia Donáth.
docs/0
date
2023-03-30T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2023-0087_EN.html title: T9-0087/2023
type
Text adopted by Parliament, single reading
body
EP
docs/0
date
2023-03-23T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2023-0071_EN.html title: A9-0071/2023
type
Committee report tabled for plenary, single reading
body
EP
events/1/summary
  • The Committee on Legal Affairs adopted the report by Sergey LAGODINSKY (Greens/EFA, DE) on the request for waiver of the immunity of Anna Júlia Donáth.
  • As a reminder, on 21 October 2022, the District Court of Kecskemét, Hungary, submitted a request for waiver of the parliamentary immunity of Anna Júlia Donáth, Member of the European Parliament elected for Hungary, in the context of the criminal proceedings for defamation brought against her by way of private indictment. The request includes a previous request for waiver of the immunity of Anna Júlia Donáth by the same District Court, dated 28 June 2022, which, however, appears never to have been received by the European Parliament.
  • On 20 January 2022, a statement by the Executive Committee of the Momentum Mozgalom Párt (Momentum Movement party) referring to the suspension of the claimant’s party membership, alleging that this suspension came after a series of ethical violations by the claimant, was published in the party’s online newspaper and on its Facebook page. It appears that, between 21 November 2021 and 29 May 2022, Anna Júlia Donáth was serving as president of the Momentum Mozgalom Párt’s Executive Committee.
  • On 31 January 2022, the claimant brought a private action before the District Court of Kecskemét against Anna Júlia Donáth, in her capacity as president of the Momentum Mozgalom Párt’s Executive Committee, claiming the statutory offence of defamation in public. That offence may be punished only in the context of a private action.
  • Members considered that the allegations against Anna Júlia Donáth, and the subsequent request for waiver of her immunity, are not related to an opinion expressed or vote cast by her in the performance of her duties as a Member of the European Parliament, but to the fact that they concern activities of a national nature, carried out in her capacity as president of her national party.
  • In the present case, the Parliament has not been able to establish that there was fumus persecutionis , i.e. factual elements indicating that the possible legal proceedings in question will be initiated with the intention of damaging the political activity of the Member and, consequently, of the European Parliament.
  • In the light of these considerations, the committee responsible recommended that the European Parliament decide to waive the immunity of Anna Júlia Donáth.
events/2
date
2023-03-30T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2023-0087_EN.html title: T9-0087/2023
forecasts
  • date: 2023-03-29T00:00:00 title: Indicative plenary sitting date
procedure/stage_reached
Old
Awaiting Parliament's vote
New
Procedure completed
docs/0/docs/0/url
https://www.europarl.europa.eu/doceo/document/A-9-2023-0071_EN.html
events/1/docs/0/url
https://www.europarl.europa.eu/doceo/document/A-9-2023-0071_EN.html
docs
  • date: 2023-03-23T00:00:00 docs: title: A9-0071/2023 type: Committee report tabled for plenary, single reading body: EP
events/1
date
2023-03-23T00:00:00
type
Committee report tabled for plenary
body
EP
docs
title: A9-0071/2023
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament's vote
events
  • date: 2023-03-21T00:00:00 type: Vote in committee body: EP
forecasts
  • date: 2023-03-29T00:00:00 title: Indicative plenary sitting date
procedure/Other legal basis
Rules of Procedure EP 159
committees/0/rapporteur
  • name: LAGODINSKY Sergey date: 2023-01-16T00:00:00 group: Group of the Greens/European Free Alliance abbr: Verts/ALE