The European Parliament is set to vote on whether to lift the parliamentary immunity of Petr Bystron, a Member of the European Parliament (MEP) from Germany’s Alternative for Germany (AfD) party.
The vote follows a recommendation by the European Parliament’s Committee on Legal Affairs, which concluded that there were sufficient grounds for removing Bystron’s immunity in connection with a criminal investigation initiated by German judicial authorities.
The plenary vote, expected to take place during the session scheduled between 31 March and 3 April, will be conducted by secret ballot. If approved, the move would enable German prosecutors to proceed with legal action against the MEP, who is a member of the European Conservatives and Reformists-aligned group “Identity and Democracy” in the Parliament.
The case centres on allegations related to the dissemination of prohibited imagery under German law. According to a report submitted by the Committee on Legal Affairs, the request for lifting Bystron’s immunity was originally filed by Germany’s Federal Ministry of Justice on 27 August 2024, at the request of the Chief Public Prosecutor’s Office in Munich. The case concerns an incident dating back to July 2022, when Bystron, then a member of the German Bundestag, published a digitally altered image on social media depicting senior German officials performing the Nazi salute.
The montage followed the dismissal of Ukraine’s then-ambassador to Germany, Andriy Melnyk, and featured figures such as former Chancellor Angela Merkel and current Chancellor Olaf Scholz with the caption: “Farewell, Melnyk! German politicians waving goodbye.” The image, which referenced a gesture banned under Germany’s criminal code, led to a formal investigation. The Bundestag lifted Bystron’s immunity on 7 September 2023, but the inquiry was paused after he was elected to the European Parliament.
The Committee’s report, prepared by Polish MEP Dominik Tarczyński on behalf of the Legal Affairs Committee, states that the allegations fall under provisions of the German Criminal Code concerning the use of symbols of unconstitutional and terrorist organisations. After holding a series of hearings involving Bystron, the committee concluded that there was no evidence to suggest the case was politically motivated. It also noted that the actions under investigation occurred prior to Bystron’s term as an MEP and were not linked to his activities in the European Parliament.
The request to lift immunity is procedural in nature and does not imply a judgment on the MEP’s guilt or innocence. It enables national judicial authorities to proceed with their case without the legal shield afforded by parliamentary status.
Separately, media investigations have linked Bystron to the pro-Russian platform Voice of Europe. According to a report by Die Zeit, produced in cooperation with ARD and several other European media outlets, Bystron and fellow AfD politician Maximilian Krah were among a group of individuals allegedly involved in receiving financial compensation for promoting content on the platform. The investigation suggested that payments to European politicians may have reached up to €2 million.
The findings, though unrelated to the current immunity proceedings, have added to scrutiny of Bystron’s political conduct and affiliations. He has previously denied allegations of misconduct in connection with Voice of Europe.
The European Parliament’s decision to proceed with the immunity vote highlights the institution’s commitment to upholding the legal frameworks of its member states while ensuring that MEPs are not unjustly shielded from prosecution for acts committed outside the scope of their parliamentary duties.
If immunity is lifted, German prosecutors may resume their case against Bystron in the Munich District Court. The outcome of the investigation and any potential legal proceedings would then proceed under German law, independent of the European Parliament’s involvement.
Bystron, a prominent figure in the AfD, has been a vocal critic of Germany’s foreign policy towards Ukraine and is known for his alignment with nationalist and sovereigntist political positions within the European Parliament. His party, Alternative for Germany, has faced criticism both domestically and at EU level for its stance on Russia and its opposition to sanctions imposed in the wake of the invasion of Ukraine.
The European Parliament maintains that lifting immunity in such cases is a procedural matter, intended to ensure that the law is applied uniformly and without prejudice. The result of the upcoming vote will determine whether German authorities can proceed with their investigation.
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