What changed between the plenary report and the adopted text

Changed:A. whereaswhereas, on 26 September 2024, the Prosecutor General of Hungary has submitted a request for the waiver of the parliamentary immunity of Péter Magyar, a Member of the European Parliament,Parliament elected in Hungary, in connection with accusations of an alleged misdemeanour of theft committed for a minor value under Section 370 (1) and Section 370 (2) (a) of Act C of 2012 (the Hungarian Criminal Code);

Changed:G. whereas Article 4(2) of the Fundamental Law of Hungary provides that members of the Hungarian Parliament enjoy parliamentary immunity; whereas, pursuant to Section 79(2) of Act No XXXVI of 2012 on the National Assembly, a person registered with final and binding effect as candidate shall enjoy the same immunity as members until the result of the election becomes final and binding, and whereas, in any case, pursuant to Section 79(1) thereof, Members shall enjoy immunity from the day of their election; whereas, pursuant to Section 74(1) of Act No XXXVI of 2012 on the National Assembly, criminal proceedings or, in the event of immunity not being waived voluntarily in respect of the matter in question, misdemeanourinfraction proceedings may be initiated or pursued and coercive measures under criminal procedure applied against a member only with the prior consent of the National Assembly;

Changed:L. whereas it would therefore appear that, in this instance, fumus persecutionis can be assumed, i.e. there is ‘concrete evidence’ that the intention underlying the legal proceedings in question is to undermine Péter Magyar’s political activity, and in particular his activity as a Member of the European Parliament;

Changed:B. whereas the request indicates that on 21 June 2024, Péter Magyar was in a club in Budapest,Budapest where he was recognised by the aggrieved party who recorded a video of him; whereas the request further indicates that a minor scuffle ensued between Péter Magyar and the aggrieved party,party whereby Péter Magyar pulled the phone out of the aggrieved party’s hand as a way of stopping the recording, put the phone in his own pocket,pocket and walked away; whereas a second dispute followed between the two of them,them which ended with their removal from the club by the security guards; whereas despite the requests of the aggrieved party to return the phone, Péter Magyar allegedly dropped the aggrieved party’s phone into the Danube;

Changed:D. whereas Péter Magyar was elected to the European Parliament atin the European elections in June 2024; whereas the results of the European elections in Hungary were proclaimed by the Hungarian authorities on 14 June 2024, including Péter Magyar among the Members of the European Parliament officially declared elected in Hungary; whereas Péter Magyar was thus a Member of the European Parliament at the time of the alleged offence and of the investigations carried out by the competent authorities;

Changed:K. whereas Péter Magyar is the president of the Tisza Party (Tisztelet és Szabadság Párt) and also head of that party’s list of candidates for the 2024 European elections; whereas Péter Magyar has been a vocal opponent of the Hungarian Government’sgovernment’s policies and positions, including those in relation to the Union; whereas the facts that give rise to the request for the waiver of immunity, the inconsistencies in the way in which the police investigations were conducted, including the national prosecutor’s incomplete response by the Prosecutor General of Hungary concerning the proportionality of the actions taken by the authorities in the case of Péter Magyar in comparison with similar situations involving items of minor value, and the lack of clarity in the competent authorities’ reply concerning the legal qualification of the alleged criminal offence of which Péter Magyar was accused, raise concerns that the intention behind the proceedings may have been to damage the reputation of the MemberPéter concerned;Magyar;