Request for the waiver of the immunity of Fulvio Martusciello
The decision concerns the request to waive the parliamentary immunity of Fulvio Martusciello, Member of the European Parliament elected in Italy, in connection with criminal proceedings relating to alleged corruption, and concludes that his immunity should be waived.
BACKGROUND
The Belgian Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation transmitted, on 6 May 2025, a request from the Belgian Federal Prosecutor’s Office dated 16 April 2025 for the waiver of Fulvio Martusciello’s immunity, in view of criminal proceedings concerning alleged corruption. The request was announced in plenary on 21 May 2025 and Mr Martusciello was heard by Parliament on 24 March 2026 in accordance with Rule 9(6) of the Rules of Procedure.
The case arises from a broader investigation into the company Huawei, which allegedly revealed serious evidence of a criminal organisation seeking to influence decisions of EU institutions by corrupting Members of the European Parliament, through invitations to Huawei‑sponsored events, excessive gifts and other benefits between 2021 and 2024. It is alleged that, in February 2021, several Members sent a letter to three Commissioners to influence Union policy on the roll‑out of 5G in Europe, particularly in favour of non‑Union companies such as Huawei, and that this letter formed part of a corrupt arrangement. Fulvio Martusciello is alleged to have been the principal instigator and first signatory of the letter and to have been paid through complex financial circuits to use his political influence corruptly.
He is also alleged to have tabled amendments to a draft resolution on Union competition policy in Huawei’s interest and to have facilitated the participation of students from his constituency in the Huawei Academy to gain votes for his re‑election. Parliament recalls that parliamentary immunity under Protocol No 7 on the Privileges and Immunities of the European Union protects activities carried out in the performance of parliamentary duties, that it is not a personal privilege but a guarantee of Parliament’s independence, and that Members are not to be subject to proceedings for opinions expressed or votes cast in the performance of their duties. It notes that the alleged offence does not concern such opinions or votes and that the request stems from a wider investigation not specifically targeting Mr Martusciello’s political activity. Parliament finds no evidence of fumus persecutionis, i.e. no indication that the proceedings aim to damage his political activity or Parliament’s independence.
CONTENT
Parliament decides to waive the immunity of Fulvio Martusciello. It instructs its President to forward the decision and the report of the Committee on Legal Affairs immediately to the competent authority of the Kingdom of Belgium and to Fulvio Martusciello.
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