REPORT on the request for waiver of the immunity of Péter Magyar

REPORT on the request for waiver of the immunity of Péter Magyar

2.10.2025 - (2025/2096(IMM))

• PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION
• INFORMATION ON ADOPTION BY THE COMMITTEE RESPONSIBLE

PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION

on the request for waiver of the immunity of Péter Magyar

(2025/2096(IMM))

The European Parliament,

- having regard to the request of the Pest-Centre District Court of 21 March 2025 to waive the immunity of Péter Magyar in connection with criminal proceedings involving him, and communicated in plenary on 5 May 2025,

- having regard to the waiver by Péter Magyar of his right to be heard under Rule 9(6) of Parliament's Rules of Procedure,

- having regard to 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,

- having regard to Article 4(2) of the Basic Law of Hungary,

- having regard to the judgments of the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17 January 2013, 19 December 2019 and 5 July 2023[1],

- having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

- having regard to the report of the Committee on Legal Affairs (A10-0182/2025),

A. whereas by letter dated 21 March 2025, the Pest-Centre District Court submitted a request for the waiver of Péter Magyar's immunity in connection with an alleged offence under Article 226 of Law No C of 2012 on the Hungarian Criminal Code, for events that occurred in April 2024in a criminal case for defamation brought by a private party against Péter Magyar;

B. whereas the waiver request states that Péter Magyar is accused of having made public statements containing false accusations during a demonstration and of having spread rumours likely to harm the reputation of the political movement 'Mi Hazánk Mozgalom' (Our Homeland Movement) and one of its vice-presidents, a member of the Hungarian Parliament; whereas private proceedings, based on a criminal complaint for defamation, were brought against Péter Magyar on 13 May 2024;

C. whereas Péter Magyar was elected to the European Parliament in the European elections in June 2024and was campaigning to be elected as a Member of the European Parliament at the time the complaint was made against him;

D. whereas the alleged offence and the subsequent request for waiver of his immunity are not related to an opinion expressed or a vote cast by Péter Magyar in the performance of his duties within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

E. whereas Article 9 subparagraph 1(a) of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament enjoy, in the territory of their own state, the immunities accorded to members of the parliament of that state;

F. whereas Article 4(2) of the Basic Law of Hungary provides that Members of the Hungarian National Assembly enjoy parliamentary immunity; whereas, pursuant to Section 79(2) of Act No XXXVI of 2012 on the National Assembly,a person registered with final and binding effect as candidate shall enjoy the same immunity as members of the Hungarian National Assembly until the result of the election becomes final and binding, and whereas, in any case, pursuant to Section 79(1) thereof, members shall enjoy immunity from the day of their election; whereas, pursuant to Article 74(1) of Act No XXXVI of 2012 on the National Assembly, criminal proceedings or, in the event of immunity not being waived voluntarily in respect of the matter in question, misdemeanour proceedings may be initiated or pursued and coercive measures applied against a member only with the prior consent of the National Assembly;

G. whereas the purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings in relation to activities that are carried out in the performance of parliamentary duties and that cannot be separated from those duties;

H. whereas, in accordance with Rule 5(2) of its Rules of Procedure, parliamentary immunity is not a personal privilege of the Member but a guarantee of the independence of Parliament as a whole and of its Members;

I. whereas it follows from case-law of the Court of Justice of the European Union that Parliament has a 'broad discretion when deciding whether to grant or to refuse a request for waiver of immunity (...), owing to the political nature of such a decision'[2];

J. whereas Péter Magyaris the president of the TISZA Party (Tisztelet és Szabadság Párt(Respect and Freedom Party )) and was also head of that party's list of candidates for the 2024 European elections; whereas the political movement 'Mi Hazánk Mozgalom' (Our Homeland Movement) also participated in the 2024 European elections and can therefore be considered a direct political rival of Péter Magyar; whereas political rivals are normally subject to greater criticism and controversy in political debate than citizens who are not politically active; whereas it appears that, under Hungarian law, defamation proceedings may be brought before both criminal and civil courts, with very different legal consequences, including imprisonment; whereas, in the present case, the decision to bring criminal proceedings raises doubts as to its purpose, which may go beyond the legitimate aim of redressing the alleged harm suffered, and suggests that the aim pursued goes beyond that legitimate objective and is in fact intended to harm Péter Magyar's reputation as a Member of the European Parliament;

M. whereas Parliament cannot assume the role of a court, and whereas, in a waiver of immunity procedure, a Member cannot be regarded as a defendant[4];

1. Decides not to waive the immunity of Péter Magyar;

2. Instructs its President to forward this decision and the report of its committee responsible immediately to the competent Hungarian authority and to Péter Magyar.

INFORMATION ON ADOPTION BY THE COMMITTEE RESPONSIBLE