Lawyer for Merz advance
“That doesn’t look good for democracy”
Consider the Union and the SPD to decide huge special funds at a hurry. The Jura professor Kyrill-Alexander Schwarz warns of a violation of the principle of democracy.
Mr. Schwarz, CDU boss Friedrich Merz may already want to be with the old Bundestag next week Special fund Decide. Even though the new Bundestag has already been elected. Is that legally possible?
It is actually the case that the old Bundestag continues until the new Bundestag was constituted. So there is no parliamentary time, but – and that also says the constitution – as long as the new Bundestag has not yet met, there is still the old Bundestag. Therefore, it would basically be possible and the Bundestag would also be quorate.
Nevertheless, you think it is problematic, why?
Because you pretend and express a bond with the new Bundestag. Especially because this is a constitutional law that is not so easy to undo. Facts are now created that the subsequent Bundestag, which is much more democratically legitimized, can then no longer change. And at least I see a constitutional problem.
That means the old Bundestag is capable of action, but only to a limited extent?
This question is controversial among the lawyers. The prevailing opinion says that he is fully able to act. But there are also others who say that there is a certain limitation of the ability to act. I am one of them.
How come?
I think that because of the risk to the principle of democracy and the question of the legitimation of state action, one has to consider whether there is a kind of organ loyal to the subsequent Bundestag, which says that if we are still making decisions as an old Bundestag, this may only be those that are unnecessary and now necessarily offered.
And that doesn’t apply to a special fund for the Bundeswehr?
That is a political question. From a political point of view, it should be done because the price of a constitutional change in the new Bundestag will be significantly higher because the consent of the left for a two -thirds majority.
How do you come to the assessment that the ability of the old Bundestag’s ability to act are limited? Nothing is in the Basic Law.
That is correct, the constitution actually suggests the opposite. My two arguments are state practice and the principle of democracy. A look at the state practice shows that you don’t actually do something like that unless it is mandatory. I also see problems as far as the principle of democracy is concerned. With the special funds in the old Bundestag, a decision would be made that lacks legitimation. That is not good for democracy.
Has this previously existed that the Bundestag will come together in the transition period until the new Bundestag was constantly being constantly being constantly being constantly being constantly being confused?
Yes, there are even two cases. The first case was in the 1970s when it was about the adaptation of the diets of the MPs as a result of a decision by the Federal Constitutional Court. It was a rather technical case that didn’t cause much attention.
And the second case?
The second case was at the end of Helmut Kohl’s reign. After the new elections, it was necessary at the time to obtain parliamentary participation for the abroad of German soldiers in Kosovo because this is intended under constitutional law. And there the old Bundestag came together again to take this individual decision.
Nevertheless, the fact that there are precedents is not an argument for you that it should be in order law now?
Exactly. Because the cases are not comparable. One is a decision, the other a constitutional law. The necessary majorities alone show that constitutional amendment weighs more seriously. That is why I have a great sense of interference with immediate special funds.
If a special fund is decided, the left has announced that it would complain. What would that look like?
There would probably be a so -called organ dispute process before the Federal Constitutional Court. The goal would be to have the right to be violated that the rights of the Bundestag would be violated if something like this happens.
And how do you assess the chances of such a lawsuit?
Since I represent a minor opinion, I don’t think such a procedure would be successful. But in court you don’t know how to do it.
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
