Rainbow affair

FPÖ-Gruber: No extradition to the public prosecutor

FPÖ state party secretary Michael Gruber

(Bild: SEPA/SEPA.Media)

Coalition loyalty between the ÖVP and the Freedom Party also holds true in extremely sensitive issues: because the blue party secretary Michael Gruber disposed of a rainbow flag in a dustbin and published a video of it, charges were filed. The judiciary wanted to investigate him and ordered his extradition. However, he will not be.

This afternoon, the members of the immunity and incompatibility committee of the Upper Austrian state parliament voted on the case. During the National Council election campaign, Michael Gruber, state party secretary of the FPÖ Upper Austria, caused a stir when he stuffed a rainbow flag into a dustbin for a promotional video and used strong words against the LGBTQ+ community. 

On the one hand, the question was whether Gruber had committed "this act" in the course of his political duties. FPÖ parliamentary group leader Herwig Mahr says: "The committee has to clarify whether or not there is a political connection to the activity in question. This is clearly the case. It is not the task of the committee to make a moral or criminal assessment of the political expression of opinion. The Constitution therefore gives us a clear mandate to ensure the protection of Members of Parliament in their political activities. If we give in to political pressure or outrage here, we undermine the principle on which our democratic system is based." 

It is the political custom in parliament that the immunity of MPs is preserved for their political activities.

ÖVP-Klubobmann Christian Dörfel

Bild: Dostal Harald/© Harald Dostal / 2024

The result: the political connection was affirmed by the majority, and no official prosecution was approved. Mahr added: "The competent authorities will clarify the accusation as soon as the parliamentary activity is no longer carried out, as our constitutional state provides.

In addition to the Freedom Party and the MFG party, the ÖVP also voted against the extradition. Christian Dörfel, head of the parliamentary group, said succinctly: "It is the political custom in parliament that the immunity of MPs for their political activities is preserved. That is how it is handled in parliament, that is how we handle it in the Upper Austrian state parliament. The only exception is if a member of parliament voluntarily waives their immunity."