Dutch politician Geert Wilders has publicly said that he intends to become a member of European Parliament; based on the outcome of the recent elections, it would seem that he is entitled to this position.
As a member of the European Parliament he would enjoy immunity in other Member States, and would therefore possibly be immune from criminal prosecution in those countries (art. 9 Protocol on the Privileges and Immunities of the European Union). It cannot be excluded that Mr. Wilders - should he indeed join the European Parliament - may wish to exercise this immunity with regard to the Dutch criminal case against him. That case is based on a large number of criminal complaints that were recently filed against him for, among other things, racism. On behalf of several organisations, Tamara Buruma has now asked the Dutch Public Prosecutor's Office to take its decision regarding prosecution for discrimination and incitement to hatred before the inauguration of the European Parliament on 1 July 2014.
Tamara Buruma and Göran Sluiter, lawyers at Prakken d’Oliveira Human Rights Lawyers, lodged a criminal complaint against Mr. Wilders in May 2014 (here). More than 5,000 individuals filed criminal complaints following his much criticised public statement “less Moroccans”.
For additional information, please contact Tamara Buruma or Göran Sluiter.