Request for the waiver of the immunity of Janusz Korwin-Mikke

The Committee on Legal Affairs adopted the report by Evelyn REGNER (S&D, AT) in which it recommended the European Parliament to waive the immunity of Janusz KORWIN-MIKKE (NI, PL).

Members recalled that the Prosecutor-General of Poland forwarded a request made by the Municipal Police Chief in Piotrków Trybunalski for action to be taken against a Member of the European Parliament, Mr Janusz Korwin-Mikke, in connection with an alleged road traffic offence. The Municipal Police claimed that on 6 September 2014, when driving his car in a built-up area in Piotrków Trybunalski, Mr Korwin-Mikke exceeded the permitted speed limit of 50 km/h by 32 km/h according to speed camera evidence.

This conduct constitutes an offence under the Polish Road Traffic Act. However, the alleged offence does not have a direct or obvious connection with Mr Korwin-Mikke’s performance of his duties as a Member of the European Parliament. Members also stated that it does not constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament within the meaning of Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union.

In this instance, Parliament found no evidence of fumus persecutionis, that is to say, a sufficiently serious and precise suspicion that the case has been brought with the intention of causing political damage to the Member concerned.

Therefore, the committee recommended the European Parliament to waive the immunity of Janusz Korwin-Mikke.