Constitutional Court - Complaint against contested budget for 2024
Due to the budget being partly financed with Notkredits, SPD and FDP intend to file a constitutional complaint. A report has confirmed their doubts that the budget is constitutional, stated SPD-Landtagsfraction leader Serpil Midyatli. "The constitution is not negotiable." The coalition has gotten itself into a dead-end. "Every noble political goal justifies under no circumstances the violation of existing law to achieve it."
Your FDP colleague Christopher Vogt said, "we assume that the Constitutional Court of the State will establish the unconstitutionality." There are significant doubts about the justifications for the Notkredits due to the Corona pandemic and the war in Ukraine. It's not good for the social climate to turn Corona into a lasting crisis and finance bike lanes and pigsties with it. "The budget was massively manipulated."
Many of the measures financed by the state government from Notkredits are simply permanent tasks of the state and cannot be traced back to the established Notlagen," said Vogt. Some justifications sound like they're from a Loriot sketch: "This is evident in the Corona Notkredit-financed bike path construction, where it is said: 'Cycling strengthens the immune system and protects against illnesses, such as Corona. The 'Bike' option allows full buses and trains to be avoided during the heating season.' "
According to Midyatli, the purpose does not sanctify the funds. "Every citizen, including governments and parliaments, must adhere to valid law, whether it's simple laws or constitutional law." Even the Greens are not above the law. "An open and conscious constitutional violation by the government and government factions, which speculates that the opposition will not sue, is not feasible with us."
CDU surprises
Finance Minister Monika Heinold described the constitutional complaint as good right of the opposition. The judgment of the Federal Constitutional Court on the federal budget has clarified the use of Notkredits, said the Green politician. And from the perspective of the state government, these conditions in the budget have also been met. "Should there be additional indications and further clarification about the application of the debt brake in Notlagen and natural disasters, these will also be taken into account in the future."
Independently, she considers a reform of the debt brake to be correct. Notkredits should also be able to be used annually, especially when it comes to major investments like securing the coasts with dikes. Why the SPD criticizes the use of Notkredits at the state level and vehemently demands it on the federal level remains a mystery to the acting parties.
CDU-Fraction leader Tobias Koch was surprised that SPD and FDP waited until the summer break to deal with the announced examination of a constitutional complaint regarding the state budget 2024. "Given the suspected unconstitutionality of the state budget 2024, one could have expected SPD and FDP to file an urgent application at the Constitutional Court of the State, just as the CDU/CSU Bundestag faction did with the constitutionally invalid federal budget of the traffic light coalition."
His fraction remains unchanged in its conviction that the Notkredits, which were passed with a large majority, meet both the provisions of the state constitution and the latest judgment of the Federal Constitutional Court.
The Landtag passed the budget in March with the votes of Black-Green and the oppositional SSW. The coalition financed expenditures of approximately 18 billion Euro through three new emergency loans totaling 1.5 billion Euro (Corona-Emergency Credit of 573 million Euro, Ukraine-Emergency Credit of 798 million Euro, and the Eastern Seaboard-Emergency Credit of 154 million Euro). Additionally, there are 130 million Euro in conjunctural debts. The state is currently in debt for around 32 billion Euro.
From the perspective of the SSW, the state budget is constitutional, stated Fraktionschef Lars Harms. "And we have no doubts that the Constitutional Court will also come to this assessment."
Vogt and Midyatli announced that the Bielefeld legal scholar Simon Kempny, commissioned by the factions, should complete a complaint document by the end of August. They intend to file a constitutional complaint before the Constitutional Court then. A spokesperson for the Constitutional Court told the German Press Agency that it is unlikely that a judgment will fall in this year. He justified this, among other things, with long response times in such proceedings.
Criticism from the Taxpayers' League
The Taxpayers' League welcomed the announced lawsuit. "The state government and coalition must finally take notice that one cannot solve budget problems with constitutional violations and the constant discussion about the design of the debt brake," said the president of the state branch, Aloys Altmann. "Even if there are adjustments to the formulation of the debt brake, this will not create a new financing source."
A report commissioned by the association in 2021 found that there have been constitutional violations in the handling of the emergency loans for the Corona pandemic.
- The constitutional complaint by SPD and FDP stems from concerns about the budget being partly financed with Notkredits, which they believe is unconstitutional.
- Serpil Midyatli, the SPD-Landtagsfraction leader, emphasized that the constitution is non-negotiable, and every violation of existing law is unjustifiable.
- The FDP's Christopher Vogt suggested that they anticipate the Constitutional Court of the State to establish the unconstitutionality of the Notkredits due to the Corona pandemic and the war in Ukraine.
- Midyatli underscored that the purpose of funding does not justify breaking the law, and every government, including the Greens, must adhere to valid law.
- CDU Finance Minister Monika Heinold considered the constitutional complaint a right of the opposition and believed that the budget's conditions have been met according to the Federal Constitutional Court's judgment.
- CDU-Fraction leader Tobias Koch was surprised that SPD and FDP delayed filing a constitutional complaint until the summer break, given the suspected unconstitutionality of the state budget 2024.
- The Constitutional Court's spokesperson suggested that it's unlikely a judgment will be made this year due to the long response times in such proceedings.
- The Taxpayers' League welcomed the announced lawsuit, expressing concern about constant discussions regarding the debt brake and the invalid use of constitutional violations to solve budget problems.
