Bundestag lifts immunity of AfD and Left MPs!

Bundestag lifts immunity of AfD and Left MPs!

On June 5, 2025, the Bundestag unanimously adopted two recommendations for resolutions from the Committee on Election Verification, Immunity and Rules of Procedure without debate. This decision concerns the approval of criminal proceedings against two MPs: Prof. Dr. Ingo Hahn from the AfD and Gökay Akbulut from Die Linke. In contrast, the majority of parliament decided against carrying out criminal proceedings against Dr. Robert Habeck from Alliance 90/The Greens. A corresponding resolution recommendation from the Immunity Committee was available with number 21/389.

The immunity law in Germany is a central aspect that protects the functioning of Parliament. As the Time explained, the Bundestag and the state parliaments must approve criminal investigations against members of parliament. This protection system ensures that MPs are not subjected to arbitrary legal action, which could affect their ability to carry out their work in Parliament. The immunity applies until the person leaves parliament, as set out in Article 46 of the Basic Law.

How immunity law works

Immunity protects MPs from legal prosecution unless direct criminal offenses are involved. This protection is not considered an individual privilege, but rather serves the aim of ensuring the functioning of Parliament. When immunity is lifted, the procedure in accordance with the Bundestag's Rules of Procedure must be followed, with the 1st Committee of the Bundestag being responsible for developing the principles.

In addition, members of the Bundestag benefit from indemnity, which protects them from legal sanctions due to their parliamentary activities. This regulation applies to both members of the Bundestag and state parliament, while heads of state also enjoy immunity. Members of the federal government are only immune because of their parliamentary status.

Current developments and previous cases

The lifting of immunity has already been discussed and implemented several times in the past, as the case of AfD politician Björn Höcke shows. In this latest decision, no precise allegations were made, underlining the decision-making process aimed at not jeopardizing the functioning of Parliament. The rejection of immunity waiver for Dr. Robert Habeck could be due to strong political support within his own group as well as the exercise of his role as a minister.

Reforms of immunity law are regularly discussed, but politicians always emphasize the importance of maintaining the functionality of Parliament as the primary goal of these legal regulations.