Bundesrat sends two laws to the mediation committee

National Chamber - Bundesrat sends two laws to the mediation committee

The Bundesrat has shown Justice Minister Marco Buschmann (FDP) the red card twice and sent two of his laws to the mediation committee. A compromise must now be found in this committee of the Bundesrat and Bundestag.

It concerns the law on the digital documentation of criminal proceedings and the law on the increased use of video conferencing technology in civil, administrative, labor, financial and social courts. In contrast, the state chamber gave the green light to 24 resolutions from the Bundestag - including the supplementary budget for 2024, which had only been passed by Parliament that morning.

At the start of its session, the Bundesrat observed a minute's silence to commemorate the Roma, Sinti and Yenish murdered by the National Socialists. "A dignified remembrance of the suffering of the former generation is the basis for good, equal coexistence today," said Bundesrat President Manuela Schwesig(SPD), Minister-President of Mecklenburg-Western Pomerania.

Use of video conferencing technology in civil jurisdiction

This law is evidence of "mistrust towards judges", criticized Hesse's Minister of Justice, Roman Poseck, in the state chamber. Two aspects in particular bothered the CDU politician: the fact that a hearing by video is to be conducted at the request of a single party and that a judge must give detailed reasons if he refuses a video hearing. In addition, the written justification of such a refusal means a not inconsiderable additional bureaucratic effort. "You get the impression that the opposite of what court practice considers sensible is always being done," criticized Poseck.

Digital documentation of criminal proceedings

Here too, the federal states referred to the unanimously negative criticism from the ranks of the judiciary. They expressed fundamental professional concerns and warned of the risk to the establishment of the truth and the impairment of victim protection. The relationship between the personnel, technical, organizational and financial costs and the added value that digital documentation could bring was also viewed critically. According to the ideas of the Federal Ministry of Justice, the documentation should take the form of an audio recording that is automatically transferred to an electronic text document.

Heat planning by local authorities

A request was also made for the law on heat planning to be referred to the mediation committee - by Bavaria, which did not receive a majority. This means that the law can come into force on January 1, 2024, together with the federal government's heating law. In a motion for a resolution, the federal states demanded more money from the federal government for this task. Large cities are to draw up heating plans by the end of June 2026, smaller cities and municipalities with fewer than 100,000 inhabitants by the end of June 2028. Only once a municipality has a heating plan will homeowners have to ensure that their new heating system is powered by at least 65% renewable energy when it is installed. The new heating law initially applies to new buildings within new development areas.

Better climate adaptation

The law on better climate adaptation can enter into force next year as planned following approval by the Bundesrat. It is intended to prescribe binding strategies and measures for the federal government, federal states and local authorities. According to the law, this will create a strategic framework for precautionary climate adaptation at all administrative levels in Germany for the first time. Specifically, the federal government undertakes to present an adaptation strategy with measurable targets. One critical point is funding - the law does not contain any specific regulations on this.

New regulation of organ donation

In view of the low numbers of organ donations, the federal states are pressing for a fundamental change to the legal regulations. The current extended consent solution should be replaced by an objection solution, according to an adopted resolution. This would mean that the consent of the person concerned, a close relative or an authorized representative would no longer be required for organ removal. Instead, every person would be considered an organ donor, unless they have objected to this during their lifetime or one of their next of kin does so after their death. The resolution calls on the German government to ensure that this objection solution is included in the Transplantation Act.

Enlargement of the EU to include Ukraine and other countries

The chamber of states backed the EU's accession negotiations with Ukraine, the Republic of Moldova and countries in the Western Balkans. "In view of global developments, enlargement is in the European Union's own geopolitical interests," it said in an adopted statement. "History shows that previous enlargements have made the European Union stronger," said Bremen's head of government Andreas Bovenschulte (SPD). Hesse's Federal and European Affairs Minister Lucia Puttrich (CDU) emphasized that EU accession could no longer be justified solely on economic grounds. "It is accession to a family of values. A family that promises security, prosperity and peace."

Moldova and Georgia become safe countries of origin

With the approval of the Federal Council, it is clear that Moldova and Georgia are now safe third countries from a German perspective. This step is intended to limit the rising number of asylum seekers. The recognition rate for asylum seekers from the two former Soviet republics was less than 0.1 percent in the first half of the year. Safe countries of origin are those where it is assumed that there is generally no persecution or inhuman or degrading treatment and the foreigner concerned is therefore not at risk of serious harm in their home country. This makes it easier to reject an asylum application. Furthermore, an asylum appeal has no suspensive effect.

Ban on the sale of sky lanterns

The Federal Council approved a ban on the sale of sky lanterns. According to an explanation, these pose considerable dangers. It was pointed out that they could reach a height of up to 500 meters and a flight range of several kilometers, but could not be controlled and sometimes still burn when falling to earth. The ban goes back to the fire in the ape house at Krefeld Zoo on New Year's Eve 2019/20, in which 50 animals died, including 8 great apes. A mother and her two adult daughters had set off a sky lantern near the zoo. The use of sky lanterns was subsequently banned. However, these could still be legally provided and purchased.