P9_TA(2024)0056 – Request for waiver of the immunity of Eva Kaili – European Parliament decision of 6 February 2024 on the request for waiver of the immunity of Eva Kaili (2023/2007(IMM))
Date: 2024-02-06
Institutions: European Parliament
Subjects: Member of the European Parliament, criminal procedure, parliamentary immunity








C_202406347EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6347


7.11.2024






P9_TA(2024)0056

Request for waiver of the immunity of Eva Kaili


European Parliament decision of 6 February 2024 on the request for waiver of the immunity of Eva Kaili (2023/2007(IMM))

(C/2024/6347)



The European Parliament,







—


having regard to the request for waiver of the immunity of Eva Kaili submitted by the European Chief Prosecutor, dated 15 December 2022 and announced in plenary on 19 January 2023,










—


having heard Eva Kaili in accordance with Rule 9(6) of its 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 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (1), and in particular Article 29(2) thereof,










—


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 and 19 December 2019
                   (2),










—


having regard to Article 62 of the Constitution of the Hellenic Republic,










—


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 (A9-0029/2024),










Α.


whereas the European Chief Prosecutor has requested waiver of the parliamentary immunity of Eva Kaili in the context of an ongoing investigation relating to facts that may constitute a serious offence of incitement to defraud the financial interests of the European Union, committed repeatedly, which has resulted in losses in excess of EUR 120 000 and EUR 150 000, punishable by a term of imprisonment of five to 15 years, as provided for by Articles 46(1), 52(2) and 98(2) of the Greek Penal Code and by Article 4(1) and (2)(b) of Law No 2803/2000 in conjunction with Articles 2(1) and 386(2) of the Greek Penal Code and with Articles 24(2) and 26(3) of Law No 4689/2020;










Β.


whereas, following an OLAF report registered by the European Public Prosecutor’s Office on 1 July 2021, the Greek European Delegated Prosecutor opened the investigation in question on 8 September 2021; whereas on 12 November 2021, acting in accordance with her responsibilities, the European Delegated Prosecutor in charge requested OLAF to submit the case file documents; whereas, after assessing the case file, on 2 and 7 February 2022 respectively she requested a further investigation by OLAF and translation of the case file documents from English into Greek; whereas OLAF submitted its final report and supporting documentation on 8 December 2022 and the relevant translations on 14 December 2022;










C.


whereas the alleged irregularities of which Eva Kaili is deemed to have been aware relate in particular to:






(a)


the failure by one of her accredited parliamentary assistants (APA) to fulfil her obligations to be present at her place of work between 28 September 2015 and 2 July 2019 and to performance of her duties,










(b)


the submission of mission order requests and expenses claims, as well as reimbursements received for missions not carried out by four of Eva Kaili’s APAs between February 2016 and March 2018 in the case of the first assistant, between May 2015 and February 2020 in the case of the second, between December 2015 and April 2019 in the case of the third, and between October 2014 and February 2020 in the case of the fourth APA,










(c)


the paying over of part of an APA’s salary/mission expenses to Eva Kaili, allegedly at the latter’s request, between 28 September 2015 and 2 July 2019;














D.


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 (3);










E.


whereas the alleged offence does not concern opinions expressed or votes cast by Eva Kaili in the performance of her duties as a Member of the European Parliament within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;










F.


whereas, pursuant 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 national parliament;










G.


whereas Article 62 of the Constitution of the Hellenic Republic provides inter alia that, during the parliamentary term, Members of Parliament may not be prosecuted, arrested, imprisoned or subjected to any other constraint without the prior authorisation of Parliament;










H.


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










I.


whereas in this case, Parliament has found no evidence of fumus persecutionis, i.e. factual elements which indicate that the intention underlying the legal proceeding may be to damage a Member’s political activity and thus the European Parliament;










1.


Decides to waive the immunity of Eva Kaili;










2.


Instructs its President to forward this decision and the report of its committee responsible immediately to the European Public Prosecutor’s Office and to Eva Kaili.







(1)  
            OJ L 283, 31.10.2017, p. 1.

(2)  Judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23; judgment of the Court of Justice of 19 December 2019, Junqueras Vies, C-502/19, ECLI:EU:C:2019:1115.

(3)  Judgment of the General Court of 30 April 2019, Briois v Parliament, T-214/18, ECLI:EU:T:2019:266.


ELI: http://data.europa.eu/eli/C/2024/6347/oj
ISSN 1977-091X (electronic edition)