Constitutional complaint - Decision on Brandenburg package not until 2024
The Brandenburg Constitutional Court will not make a final decision on the AfD parliamentary group's lawsuit regarding the billion-euro Brandenburg aid package until next year. "The decision is no longer scheduled for this year," a spokesperson for the Constitutional Court told the German Press Agency. The decision of the Federal Constitutional Court on the supplementary budget for 2021 will certainly be taken into account. The court in Potsdam is examining whether the Karlsruhe ruling could have consequences for the Brandenburg package, even if it is not a special fund.
The Federal Constitutional Court had declared the transfer of coronavirus billions to the Climate and Transformation Fund - a special fund - in the 2021 supplementary budget to be inadmissible. This means that the fund lacks 60 billion euros in loans. The judges in Karlsruhe also ruled that the state may not set aside emergency loans for later years. However, the federal government has done this in special pots, for example for the energy price brakes, which is tearing additional holes in the budget.
"Even if it is not a special fund, it cannot be ruled out that conclusions can be drawn from the statements regarding the legal situation in Brandenburg," said the spokesperson for the state constitutional court.
The state parliament had declared an extraordinary emergency situation for 2023 and 2024 so that up to two billion euros in new debt could be raised via the Brandenburg package to deal with the consequences of the war in Ukraine. This will benefit local authorities, hospitals and nursery parents, for example. According to Finance Minister Katrin Lange (SPD), possible effects of the ruling from Karlsruhe on the package are being examined. She referred to the Constitutional Court, which is examining an appeal by the AfD parliamentary group against the aid package in the main proceedings. The court rejected an urgent application in August.
According to the AfD parliamentary group, the state parliament had not explained the extraordinary emergency situation sufficiently and had not justified why the money required could not be financed with cuts. In its urgent decision, the Constitutional Court had not ruled out the possibility that the 2023/2024 double budget with new debt for the Brandenburg package did not meet the constitutional requirements for emergency-related debt in every respect.
Message from the Federal Constitutional Court on the budget ruling Brandenburg Constitutional Court on the urgent application for the Brandenburg package
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Source: www.stern.de
