Parliament - CDU calls for legal clarity on the election of the Prime Minister
The Thuringian CDU parliamentary group wants the Thuringian Constitutional Court to examine how a passage in the constitution on the election of the Minister President should be interpreted. The question at issue is whether a sole candidate is only elected in the third ballot if he or she receives more yes votes than no votes, as the justice policy spokesperson for the Thuringian CDU parliamentary group, Stefan Schard, explained in the state parliament on Thursday.
The question has been on the political agenda in Thuringia for many years: Can someone be elected head of government even if they receive more no votes than yes votes in the third round of voting? According to the Thuringian state constitution, "whoever receives the most votes in a further ballot" is elected after two unsuccessful ballots, as stipulated in Article 70.
Schard, who is a lawyer himself, said that he did not want to imagine if the election of a prime minister had to be reviewed by the Constitutional Court and it found that it was unconstitutional. FDP politician Robert-Martin Montag pointed out that the initiative might still not achieve legal certainty. He asked what would happen if the Constitutional Court were to announce its position on the matter and a prime ministerial election would then have to be reviewed by the courts. It was also unclear whether the judges would then have to be considered biased.
Green parliamentary group leader Astrid Rothe-Beinlich complained that the proposal would "mix the legislative and judicial branches". This contradicts her group's ideas on the separation of powers.
AfD MP Torben Braga said that his group was of the opinion that the law should be discussed in the Justice Committee. In his opinion, the majority of academics had already made it clear that there was no need for change.
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- The Thuringian CDU parliamentary group's request to the Constitutional Court aims to clarify whether a sole candidate in a prime ministerial election can be elected with more no votes than yes votes after two unsuccessful ballots, as stated in Article 70 of the Thuringian state constitution.
- If the Constitutional Court finds that the election of a prime minister, which was potentially unconstitutional due to receiving more no votes than yes votes, needs to be reviewed, it could lead to complexity and potential bias concerns within the judicial branch, as pointed out by FDP politician Robert-Martin Montag.
- In the event of a prime ministerial election needing review by the courts, the process could be lengthy and may raise constitutional concerns regarding the separation of powers, as Green parliamentary group leader Astrid Rothe-Beinlich pointed out.
- The decision to refer the constitutional interpretation matter to the Constitutional Court by the Thuringian CDU parliamentary group can be seen as a significant step towards potential legal changes regarding the election of the prime minister in the Thuringian state parliament, as well as potential challenges to the traditional constitutional practices and processes.
Source: www.stern.de
