On 7 July 2026, the European Parliament decided not to waive the parliamentary immunity of Bulgarian MEP Ilhan Kyuchyuk, blocking an investigation by the European Public Prosecutor's Office (EPPO) into alleged misuse of Union funds. The decision, adopted in plenary on the recommendation of the Committee on Legal Affairs, found serious indications that the legal proceedings were politically motivated, a concept known as fumus persecutionis.
The request to waive immunity was submitted by the European Chief Prosecutor on 24 November 2025, following an investigation into Kyuchyuk. After hearing the MEP, Parliament concluded that while the alleged offences did not fall under absolute immunity for opinions or votes (Article 8 of Protocol No 7), Kyuchyuk was protected under Article 9 of the protocol and Article 70(1) of the Bulgarian Constitution, which require parliamentary permission for criminal prosecution. The Parliament cited several grounds for refusal: the Bulgarian European Prosecutor who supervised the investigation was found guilty of serious misconduct in February 2026; the request came amid political attacks against Kyuchyuk by a rival within his party; he had been subjected to disproportionate anti-corruption checks with no wrongdoing found; the facts and alleged offences lacked precision; and the reputational impact was disproportionate. These factors, the Parliament stated, constituted serious and objective indications of fumus persecutionis — that the proceedings were intended to damage Kyuchyuk's political activity and Parliament's independence.
The decision means the EPPO investigation cannot proceed with legal proceedings against Kyuchyuk while he enjoys immunity. It sets a precedent for assessing fumus persecutionis in immunity cases, particularly where the integrity of the investigative authority has been questioned. The decision has been forwarded to the EPPO and to Kyuchyuk.