#62025CJ0030No New EESC Immunity Waiver Needed for the Same Criminal Allegations
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
Clarifies that an EESC member does not get a fresh shield from the same criminal case just because they start a new term. If the European Economic and Social Committee has already lifted the member’s immunity for specific alleged offences, national prosecutors do not need to ask again after the member is reappointed. The limit is important: the old approval only covers the facts and offences included in the original request. If prosecutors expand the case to new conduct, the national court must check whether a new immunity request is needed.
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Key Changes
- A prior EESC decision lifting immunity remains valid after the member starts a new term.
- No second immunity request is needed for the same criminal allegations already covered by the first decision.
- National courts must check whether the criminal case has expanded beyond the facts covered by the original waiver.
Obligations
What this law requires
Informational note — EU law provisions discussed: the Court interpreted Article 10 of Protocol No 7 on EU privileges and immunities, read with Article 343 TFEU, as the basis for functional immunity of EESC members where needed for the EESC’s tasks and independence.
Informational note — national measure/proceeding at issue: Belgian labour prosecutors brought criminal proceedings against an EESC member after the EESC had waived that member’s immunity, and the dispute concerned whether a fresh waiver was needed because the member began a new EESC term before court proceedings commenced.
Informational note — Court conclusion: where the EESC has already waived a member’s immunity for specific criminal offences because the waiver was not contrary to EU interests, Article 10 of Protocol No 7 does not require a new waiver request merely because the member is appointed to a new EESC term.
Informational note — scope limit: the prior EESC waiver applies only to the facts and offences communicated in the original waiver request; it cannot be used to prosecute different acts committed in the performance of duties that were not covered by that request.
Informational note — national court role: the referring national court must verify whether the criminal acts pursued are the same acts covered by the EESC’s original immunity-waiver decision.