Plenary report, 9 September 2026

On the request for the waiver of the immunity of Grzegorz Braun

Report A-10-2026-0227 · (2026/2032(IMM))

Committee on Legal Affairs · Rapporteur: Pascale Piera

Voted on Tuesday, 15 September 2026 · Immunity waived · See the decision →
Where the law stands · dossier 2026/2032 →

AI:In short

Parliament's decision waives the immunity of Grzegorz Braun, a Member elected in Poland, at the request of the Prosecutor General of Poland. The request concerns alleged offences in 2025, including statements on 27 September 2025 about the Auschwitz-Birkenau camp. Parliament finds the alleged offence is not an opinion expressed or vote cast in the performance of his duties, and finds no evidence of fumus persecutionis.

Position. The Committee on Legal Affairs proposes that Parliament waive the immunity of Grzegorz Braun, finding the alleged offence is not an opinion or vote in the performance of his duties and no fumus persecutionis.

Key points

Parliament decides to waive the immunity of Grzegorz Braun.
The request came by letter dated 25 February 2026 from the Prosecutor General of Poland, made by the Prosecutor at the Kraków Branch Office of the Institute of National Remembrance.
The request concerns criminal proceedings over alleged offences that took place in 2025.
According to the request, on 27 September 2025, during a public debate in Warsaw broadcast live and streamed online, Grzegorz Braun is alleged to have publicly denied, contrary to the facts, genocide crimes committed between 1941 and 1944 at the Auschwitz-Birkenau camp.
The alleged act is an offence under Article 55 of the Act of 18 December 1998 on the Institute of National Remembrance.
Grzegorz Braun was elected in June 2024 and was a Member at the time of the alleged offence.
Parliament finds the alleged offence is not an opinion expressed or a vote cast in the performance of his duties under Article 8 of Protocol No 7.
Parliament finds no evidence of fumus persecutionis, meaning the proceedings do not appear intended to damage his political activity as a Member or Parliament's independence.
Parliament states it cannot assume the role of a court, and in a waiver procedure a Member cannot be regarded as a defendant.
Parliament instructs its President to forward the decision immediately to the competent authority of the Republic of Poland and to Grzegorz Braun.

Who is affected

Grzegorz Braun, Member of the European Parliament elected in Poland: his immunity is waived.
The competent authority of the Republic of Poland: receives the decision immediately.

Figures and deadlines

25 February 2026: date of the letter from the Prosecutor General of Poland transmitting the request.
25 March 2026: date the request was announced in plenary.
2025: year the alleged offences took place.
27 September 2025: date of the public debate in Warsaw.
1941 and 1944: years of the genocide crimes at the Auschwitz-Birkenau camp.
June 2024: European elections in which Grzegorz Braun was elected.

Legal basis. Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976.

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Full text

Proposal for a european parliament decision 22 paragraphs

(2026/2032(IMM))

The European Parliament,

–having regard to the request for the waiver of the immunity of Grzegorz Braun, received by letter dated 25 February 2026 from the Prosecutor General of Poland, transmitting a request made by the Prosecutor at the Kraków Branch Office of the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation (Instytut Pamięci Narodowej – Komisja Ścigania Zbrodni przeciwko Narodowi Polskiemu), in connection with criminal proceedings to be brought against Grzegorz Braun, and announced in plenary on 25 March 2026,

–having regard to the fact that Grzegorz Braun is deemed to have renounced his right to be heard under Rule 9(6) of its Rules of Procedure,

–having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

–having regard to the judgments of the Court of Justice of the European Union of 21 October 2008, 19 March 2010, 6 September 2011, 17 January 2013 and 19 December 2019,

–having regard to Article 105(2) and (5) of the Constitution of the Republic of Poland,

–having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

–having regard to the report of the Committee on Legal Affairs (A10-0227/2026),

A.whereas, by letter of 25 February 2026, the Prosecutor General of Poland transmitted a request for the waiver of the immunity of Grzegorz Braun, a Member of the European Parliament elected in Poland, made by the Prosecutor at the Kraków Branch Office of the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation (Instytut Pamięci Narodowej – Komisja Ścigania Zbrodni przeciwko Narodowi Polskiemu), in connection with alleged offences that took place in 2025;

B.whereas, according to the request, on 27 September 2025, during a public debate in Warsaw that was broadcast live and streamed on the internet, it is alleged that Grzegorz Braun publicly, and contrary to the facts, denied the crimes of genocide committed between 1941 and 1944 by officials of the Third Reich at the Nazi-German KL AuschwitzBirkenau concentration and extermination camp; whereas, according to the request, a viewing of the recording of the debate revealed that the statements made by Grzegorz Braun concerning the extermination of Jewish prisoners in the gas chambers are manifestly at odds with the historical truth; whereas the alleged act constitutes an offence under Article 55 of the Act of 18 December 1998 on the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation;

C.whereas the purpose of immunity provided for in Protocol No 7 on the Privileges and Immunities of the European Union is to protect Parliament and its Members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties;

Read the rest (10 paragraphs)

D.whereas, in accordance with Rule 5(2) of the Rules of Procedure, parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole and of its Members;

E.whereas Grzegorz Braun was elected to the European Parliament in the European elections in June 2024, and whereas he was therefore a Member of the European Parliament at the time of the alleged offence;

F.whereas Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union provides that Members of the European Parliament are not to be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties;

G.whereas the alleged offence does not constitute, and the subsequent request for the waiver of the immunity of Grzegorz Braun is not related to, an opinion expressed or a vote cast by him in the performance of his duties within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

H.whereas Article 9, first paragraph, point (a), of Protocol No 7 on the Privileges and Immunities of the European Union provides that, during the sessions of the European Parliament, its Members are to enjoy, in the territory of their own State, the immunities accorded to members of their parliament;

I.whereas, pursuant to Article 105(2) and (5) of the Polish Constitution, from the day the election results are announced until the day their mandate expires, deputies cannot be subjected to criminal accountability without the consent of the Sejm, and can be neither detained nor arrested without the consent of the Sejm, except in cases where they have been apprehended in the commission of an offence and in which their detention is necessary to secure the proper course of proceedings;

J.whereas, in this case, Parliament has found no evidence of fumus persecutionis, that is to say it does not appear that the intention underlying the legal proceedings is to damage Grzegorz Braun’s political activity as a Member of the European Parliament and thus Parliament’s independence;

K.whereas Parliament cannot assume the role of a court, and whereas, in a waiver of immunity procedure, a Member cannot be regarded as a defendant;

1.Decides to waive the immunity of Grzegorz Braun;

2. Instructs its President to forward this decision immediately to the competent authority of the Republic of Poland and to Grzegorz Braun.

Information on adoption in committee responsible 1 paragraph

Date adopted	7.9.2026
Result of final vote	+: –: 0:	24 0 0