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Request for the waiver of the immunity of Nikola Minchev

2025/2100(IMM)

The decision concerns a request from Belgian authorities to waive the parliamentary immunity of Nikola Minchev, a Member of the European Parliament elected in Bulgaria, in connection with envisaged criminal proceedings related to an alleged corruption scheme involving Huawei. On the basis of the report of the Committee on Legal Affairs, Parliament decides not to waive his immunity and instructs its President to notify the Belgian authorities and the Member concerned.

Assessment Of The Waiver Request And Factual Background

Parliament notes that Belgian authorities transmitted a request, dated 16 April 2025, for the waiver of Nikola Minchev’s immunity, received on 6 May 2025 and announced in plenary on 21 May 2025.

The request is linked to a broad investigation into Huawei, which allegedly revealed a criminal organisation aiming to influence EU institutions’ decisions by corrupting Members of the European Parliament. The alleged corruption scheme reportedly involved invitations to Huawei-sponsored events, political support in favour of the company, and excessive benefits such as paid food and travel or regular invitations to football matches outside the Parliament’s framework.

According to the request and subsequent information:

  • On 24 October 2024, Nikola Minchev allegedly attended a football match in Brussels in a box rented by Huawei for EUR 45 000 per season, together with his accredited assistant, two Huawei representatives and another person, with the costs allegedly covered but not declared to Parliament.
  • On 16 July 2024, he allegedly attended a dinner organised by one of the Huawei representatives, together with a Huawei executive.
  • Only in additional written information did the Federal Prosecutor indicate that these alleged actions could constitute passive public bribery under Article 246(1) of the Belgian Criminal Code.

Parliament notes that Minchev was already a Member of the European Parliament at the time of the alleged offence.

Parliamentary Immunity And Applicable Legal Framework

Parliament recalls that:

  • Parliamentary immunity under Protocol No 7 on the Privileges and Immunities of the European Union protects Parliament and its Members from legal proceedings related to activities carried out in the performance of parliamentary duties and inseparable from those duties.
  • Under Rule 5(2) of the Rules of Procedure, immunity is not a personal privilege but a guarantee of the independence of Parliament and its Members.
  • Article 8 of Protocol No 7 shields Members from inquiry, detention or legal proceedings in respect of opinions expressed or votes cast in the performance of their duties; the alleged offence does not concern such opinions or votes.
  • Article 9(1)(b) of Protocol No 7 provides that, during Parliament’s sessions, Members enjoy immunity from detention and legal proceedings in any Member State other than their own.

Parliament also stresses that it cannot assume the role of a court and that, in a waiver of immunity procedure, a Member cannot be regarded as a defendant.

Reasons For Refusing To Waive Immunity

Parliament bases its conclusion on the content of the waiver request and the information and explanations provided by the Federal Prosecutor and the Investigating Judge, including during an exchange of views and in written replies.

It finds:

  • A clear lack of concrete elements in the waiver request.
  • That subsequent oral and written exchanges did not dispel considerable uncertainty regarding key aspects of the case.
  • That the information provided did not allow Parliament to reach a sufficiently informed and confident decision to waive immunity.

Parliament notes that the significant uncertainty surrounding various elements of the case could, in normal circumstances, be such as to indicate the existence of fumus persecutionis (indications of possible political persecution).

Operative Provisions And Follow-Up

Parliament decides not to waive the immunity of Nikola Minchev.

It instructs its President to forward this decision and the report of the Committee on Legal Affairs immediately to the competent authority of the Kingdom of Belgium and to Nikola Minchev.

This summary was AI-generated and human-reviewed.