Court: AfD has no right to a seat on the Hardship Commission
In the dispute over participation in the Hardship Commission of the Hamburg Parliament, the AfD parliamentary group has also suffered a defeat in court in the second instance. "According to the decision of the Higher Administrative Court, the actions of the Hamburg Parliament do not violate the AfD parliamentary group's right to equal participation in the parliamentary decision-making process," explained a court spokesperson on Tuesday.
The Hardship Commission deals with individual cases of foreigners who should actually have to leave Germany, but for whom urgent humanitarian or personal reasons could justify their continued stay. The AfD parliamentary group's candidates for the committee had repeatedly failed in the votes in the Bürgerschaft.
In its ruling of 24 November (case reference: 3 Bf 250/21.Z), the Higher Administrative Court stated that the rights and obligations of those involved in the appointment of the Hardship Commission do not arise from constitutional law, but from the Hardship Commission Act. Accordingly, the parliamentary groups have the right to nominate a representative for election, but are not entitled to a seat on the commission. The principle that committees and commissions should reflect the parliamentary balance of power does not apply.
The Higher Administrative Court thus confirmed a decision by the Hamburg Administrative Court from 21 June 2021. The ruling is final.
The AfD's dispute over citizenship rights in the Hardship Commission resulted in a court ruling, where they were deemed not to have been denied equal participation due to parliamentary processes. The decision by the Higher Administrative Court also confirmed that parties like AfD cannot claim a guaranteed seat on such commissions based on proportional representation principles.
Source: www.dpa.com
