Garnishment of a Parliamentary Allowance: the Limits of EU Immunity

1. The facts

   The case, widely reported by news outlets, concerns an alleged claim of approximately 90,000 euros asserted by a regional entity against a well-known MEP for the unauthorized occupation of an apartment in Via Borsi, Milan. Following the election to the European Parliament in June 2024, political figures presented a regional motion urging the entity to initiate third-party garnishment proceedings. However, at present, no civil enforcement action has been initiated, nor is there any documented definitive enforceable title. The matter therefore remains a declaration of intent aimed at the recovery of amounts allegedly accrued prior to taking public office. Other aspects of the matter, concerning the occupation and related damages, are examined in dedicated articles within this column.

2. The legal framework

   The legal framework rests on the interaction between EU law and domestic legislation.

   1. Article 9 of Protocol No. 7 on the Privileges and Immunities of the European Union provides that MEPs enjoy, in their national territory, the immunities granted to members of their national Parliament.
   2. Article 68 of the Italian Constitution guarantees immunity for votes and opinions expressed in the exercise of parliamentary functions, as well as protection against measures restricting personal liberty, but provides no protection against civil enforcement actions of a pecuniary nature.
   3. Articles 543 and 545 of the Italian Code of Civil Procedure govern third-party garnishment, establishing a one-fifth limit on the attachable portion of emoluments arising from employment or public service, to safeguard the debtor's basic subsistence.

3. Case law perspectives

   Constitutional and Supreme Court jurisprudence has clarified that parliamentary immunity is not a personal privilege or a general exemption from private debts, but a prerogative aimed at safeguarding the independence and autonomy of the institution. Since a civil enforcement action for pre-existing debts does not seek to impede the exercise of the mandate but to satisfy a third party's pecuniary right, it generally requires no parliamentary authorization. Regarding the European Parliament's position as a third-party garnishee, legal opinion indicates that while EU assets are protected from coercive measures absent prior authorization from the Court of Justice, sums already allocated and payable to the MEP as an allowance lose their character as EU assets and become private law claims of the parliamentarian, thus becoming attachable under the procedural rules of the member state.

5. Analysis drafted and verified with edit.legal

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8. Lessons for professionals

   1. Rigorously distinguish functional immunity, which protects acts performed in the exercise of parliamentary duties, from civil liability concerning private relationships or events prior to taking office.
   2. Carefully verify statutory attachment limits on emoluments (one-fifth) even when the paying entity is an international or supranational organization.
   3. Monitor the evolution of judicial practice regarding cooperation between national courts and EU institutions, particularly with respect to the duty of sincere cooperation under the treaties in enforcement proceedings.

9. Update and rectification note (17 September 2026)

   The previous version of this article incorrectly reported that a third-party garnishment procedure had been initiated by ALER against Ilaria Salis for a property in Via Gola, based on an enforceable title. Following an editorial review, it emerged that no enforcement action was ever initiated, there is no evidence of any documented enforceable title, and the correct address of the property is Via Borsi. The text has therefore been corrected and the names of the parties have been anonymized in the absence of official judicial documents.

References: Art. 68 Costituzione ItalianaArt. 9 Protocollo n. 7 sui privilegi e sulle immunità dell'Unione EuropeaArt. 545 Codice di Procedura Civile

Editorial oversight: Avv. Federico Papa·ICAMUpdated 17 September 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction