Hungary is not happy with Ilaria Salis’s election to the European Parliament. Despite the haul of 176,434 votes obtained in the European elections, the Italian activist, on trial in the country led by Viktor Orbán on charges of having attacked two neo-Nazi militants in Budapest, risks remaining under house arrest. And this despite parliamentary immunity. The Hungarian government’s intention is to revoke Salis’s immunity, according to what was stated in a press conference by the head of the executive cabinet, Gergely Gulyás: “the competent Hungarian authority should ask the European Parliament to revoke immunity ” for the Italian teacher. If the majority of the European Parliament votes for the revocation, “the criminal proceedings can continue during the mandate of the MEP. Otherwise it can continue at the end of the mandate”.
The Hungarian head of cabinet explained that “immunity is composed of two elements: immunity and inviolability. The latter means that the proceedings can continue when and if the person does not enjoy immunity or is Thus, the fate of the Italian teacher, who will have to be released in the next few weeks, as soon as the European Parliament will proclaim her elected, it is right in the hands of the European Parliament.
Commenting on Salis’ election to the European Parliament, Gulyás said that “this is not a very positive vision of Italian democracy and part of the will of the voters”. “Sending a criminal to the European Parliament – added the head of cabinet of the Hungarian government – is not good either for the European Parliament or for the voters who thought that a criminal should be sent to Parliament”.
The possibility of chance
Is it possible, therefore, that the Italian teacher, now an MEP, will have her parliamentary immunity revoked? Fiammetta Borgia, professor of International Law at the University of Rome, Tor Vergata, spoke about it with Adnkronos explaining that: “The request for the revocation of Ilaria Salis’s immunity can be made by the Hungarian judicial authority or even by a government and sends it either to the President of the European Parliament or to his representation at the EU, who will in any case send it back to the European Parliament. The request is then examined by the Parliament’s Legal Affairs Committee which may also request a hearing with the MEP. issues a reasoned opinion. The document produced in the commission goes to the vote in the European Parliament. The required majority with which immunity can be revoked is the simple one, 50%+1, but Salis cannot vote due to conflict of interest”.
When and in what cases can revocation be requested? “The revocation of immunity can be requested even if the facts were committed before the election and when Salis will be proclaimed MEP”, replies the expert. There are two scenarios after the proclamation: “The Hungarian judicial authority can either not request the revocation of the immunity and therefore set Salis free because it is proclaimed; or request the revocation and in this case (after the proclamation – ed.) also ask the suspension of house arrest for fear that she might escape. In any case – he concludes – even if immunity is granted, it will continue until the end of Ilaria Salis’s mandate as a European parliamentarian”.
