On 2 July 2026, the European Parliament adopted a report recommending not to waive the immunity of MEP Ilhan Kyuchyuk, thereby blocking the European Public Prosecutor's Office (EPPO) from prosecuting him for alleged misuse of EU funds. The decision, based on a report by the Committee on Legal Affairs, concludes that the proceedings against Kyuchyuk are politically motivated and constitute fumus persecutionis.
The European Chief Prosecutor had requested the waiver on 24 November 2025, following an investigation by the European Delegated Prosecutor in Bulgaria. The allegations concern Kyuchyuk's local assistants working in a party's offices, with the party covering most expenses while he paid only salaries; many assistants also held paid party roles. The alleged offences, spanning over 10 years, could constitute fraud, misappropriation of Union funds, and corruption under Article 248a of the Bulgarian Criminal Code. Kyuchyuk was heard on 3 June 2026. The Parliament found that the Bulgarian European Prosecutor was found guilty of serious misconduct in February 2026, the investigation lacked precision, and Kyuchyuk faced politically motivated attacks in Bulgaria. The proceedings appear intended to damage his political activity and Parliament's independence. The immunity under Article 9 of Protocol No 7 and Article 70(1) of the Bulgarian Constitution is therefore not waived.
The decision has significant implications for stakeholders. For Kyuchyuk, it shields him from prosecution and protects his parliamentary work, but leaves the allegations unresolved. For the EPPO, the blocked waiver undermines its ability to pursue cross-border fraud cases involving MEPs, potentially weakening its deterrent effect. For the European Parliament, the decision reinforces its institutional independence and the principle of non-interference in its members' activities, but may be seen as protecting its own from accountability. For Bulgarian authorities, the ruling casts doubt on the integrity of their judicial processes, particularly given the misconduct finding against the European Prosecutor. The report now goes to plenary for a final vote, which is expected to endorse the committee's recommendation.