Parliamentary immunity 

Parliamentary immunity is not a Member’s personal privilege, it is a guarantee that an MEP can freely exercise his or her mandate without exposure to arbitrary political persecution. As such, it guarantees the independence and integrity of the Parliament as a whole.

Members of the European Parliament cannot be subject to any form of inquiry, detention or legal proceedings because of opinions expressed or votes cast in their capacity as MEP.

An MEP's immunity is twofold:

• In their Member State , similar to the immunity granted to members of national parliaments ; and
• In the territory of any other Member State, immunity from any measure of detention and from legal proceedings. (Article 9 of Protocol n°7)

Immunity cannot be claimed when a Member is caught in the act of committing an offence.

How can immunity be waived or defended?

In response to a request by a competent national authority to the European Parliament to waive the immunity of a Member (or a request by an MEP or former MEP themselves that their immunity is defended), the Parliament’s President will announce the request to the plenary and refer it to the parliamentary committee responsible (Legal Affairs).

The committee may ask for any information or explanation that it deems necessary. The MEP concerned will be given an opportunity to be heard, and may present any documents or other written evidence.

The committee adopts a recommendation in camera that it puts before the whole Parliament whether to approve or reject the request to lift or defend the Member’s immunity. At the plenary session following the committee decision, Parliament reaches a decision by a simple majority vote. Following the vote, the President will immediately communicates the Parliament’s decision to the MEP and competent Member State authority.

Does an MEP keep their seat even if their immunity is waived?

Yes. The mandate of an MEP is a national mandate; no other authority can take it away. Moreover, the lifting an MEP's immunity is not a "guilty" verdict. It merely enables national judicial authorities to proceed with an investigation or trial. As MEPs are elected under national electoral law, if they are found guilty of a criminal offence, it is for the Member State's authorities to decide whether his or her mandate is therefore voided.