European Parliament lifts immunity of MEP in defamation case

The European Parliament has decided to lift the immunity of Polish MEP Adam Bielan to allow the continuation of criminal proceedings for defamation. The decision was taken following a request from a Warsaw court concerning statements made in a radio interview in March 2023. This case involves a public official and a company in Poland.

Context and objectives

The procedure is based on Protocol No. 7 on privileges and immunities of the EU and the Parliament's Rules of Procedure. The objective is to ensure that parliamentary immunity protects only activities related to the mandate, not personal conduct. The regional court in Warsaw requested the lifting of immunity to allow criminal prosecution for the offence of defamation under the Polish penal code.

Key measures

• Parliament examined the request for immunity waiver submitted by the Polish court
• It was determined that the statements were not related to the exercise of parliamentary mandate
• Decision was taken to lift Adam Bielan's immunity for the defamation offence
• The Parliament's President will communicate the decision to Polish authorities and the person concerned
• The procedure respects provisions of the Polish constitution on parliamentary immunities

Timeline and implementation

The decision was adopted in January 2025 following the hearing of the MEP in November 2024. The President of the European Parliament will immediately transmit the decision and the report of the competent committee to Polish judicial authorities. The criminal proceedings can continue after the transmission of documents without further procedural obstacles from the European Parliament.

Impact for citizens and stakeholders

The decision confirms that parliamentary immunity covers only mandate-related activities, protecting the independence of parliamentarians but not their personal conduct. For citizens, this ensures that public officials are also accountable before the law. The Polish judicial system can now continue with the defamation case, ensuring protection for the persons and entities affected by the incriminated statements.