Today, the Attorney General Adam Bodnar has officially submitted a request to the President of the European Parliament, Roberta Metsola, to allow for the prosecution of Michał Dworczyk, currently a Member of the European Parliament (MEP). This request is a crucial element in the ongoing preliminary proceedings overseen by the Warsaw District Prosecutor’s Office.
Legal basis and charges
Under EU regulations, the prosecution of an MEP is only possible after the consent of the European Parliament is obtained. The legal basis for such actions is provided by articles 5, 6, and 9 of the Rules of Procedure of the European Parliament, as well as article 9 of Protocol No. 7 on the Privileges and Immunities of the European Union.
The collected evidence in case no. 3041-1.Ds.119.2022 suggests that Michał Dworczyk, as a public official performing the function of the State Secretary in the Ministry of National Defence and subsequently the State Secretary and Minister – a member of the Council of Ministers, may have committed the crime of non-fulfillment of official duties. The charges also relate to obstructing a criminal proceeding conducted by the Warsaw District Prosecutor’s Office.
Details of the charges
The first charge concerns the use of an uncertified and unsecured private email box by Michał Dworczyk to conduct correspondence related to official duties, which could pose a threat to public security and the proper functioning of state bodies. This correspondence included classified information, issues related to state defence and security, as well as matters concerning international relations.
The second charge refers to actions aimed at obstructing a criminal proceeding conducted by the Warsaw District Prosecutor’s Office, related to breaking into Dworczyk’s private email box and publishing its content. The prosecutor alleges that Dworczyk ordered the permanent deletion of key data from the private email box, which prevented determining the circumstances and perpetrator of the crime.
Political context
This is already the second request to lift Michał Dworczyk’s immunity in this case. The first request was addressed to the Marshal of the Sejm of the Republic of Poland, Szymon Hołownia, in June 2024. However, due to the result of the elections to the European Parliament, the Polish parliament lost the ability to proceed in this matter.
Currently, Michał Dworczyk serves as an MEP of the 10th term, which means that he enjoys parliamentary immunity granted to members of the Polish parliament. According to the regulations, he cannot be prosecuted without the consent of the European Parliament.
The decision to lift the immunity now lies in the hands of the European Parliament. If consent is given, Michał Dworczyk could face trial in a Polish court and answer for the crimes he is accused of.
Source: https://managerplus.pl/adam-bodnar-wnioskuje-o-uchylenie-immunitetu-michala-dworczyka-17039
