Supreme Court of Appeals - Ex-Chancellor Schröder battled for an office in court but ended up losing.
A hearing at the Berlin-Brandenburg Administrative Court concerning former Chancellor Gerhard Schröder's (SPD) lawsuit about his former office in the German parliament ended in a two-hour session. The decision was decisive: Schröder doesn't have a legal right to his previous office in the parliament. His lawsuit was dismissed, and he'll also lose in the subsequent legal battle. Although Germany has been financing former chancellors' offices and staff for decades after their terms, the court decided that this practice doesn't create a legal claim. Though the ruling isn't binding yet, the presiding judge made hints about the decision earlier.
Unpredictably, Schröder appeared ten minutes before the hearing's scheduled start. Wearing a black suit, he was accompanied by his wife Soyeon Schröder-Kim in deep blue at the Berlin-Brandenburg Administrative Court's grand hall near the Zoo station. Moments prior, Schröder tripped over a carpet edge, but he warmly greeted the presiding judge Boris Wolnicki: "It's great to see you. It doesn't infringe on my impartiality for me to say that." Schröder, sitting between his two lawyers, stated, "I'm glad to be here."
The lawyers argued extensively for both Schröder and the Federal Chancellery after. At 80 years old, Schröder had seven office rooms and five staff in a German parliament building. He considered this "a generous offer, not unsuitable." His efforts to mediate between Ukraine and Russia in the ongoing conflict with Russia involved extensive travel and discussions, he declared. Planning such activities was difficult outside this role. The meeting protocol was led by his wife because he had no employees. "It's just worth mentioning that these talks only develop because of previous positions I've held," he explained.
Additionally, numerous citizens' requests were constant, which generally followed the same pattern: "Everyone is against me, only you can help me now." Schröder claimed that he was expected to act without payment. "It's time-consuming and genuinely fails," he added. "These are tasks one can only fulfill given prior office." Now, he had to handle them alone.
In May 2022, the German Parliament's Budget Committee decided to end Schröder's office in the chamber. Reasons were that Schröder didn't fulfill any commitments linked to his previous job. A new regulation introduced this spring made fulfilling these prerequisites a requirement. Schröder was criticized for his connections with Vladimir Putin (Russia's president). This Russian attack on Ukraine had been ongoing for more than two years, but the new regulation didn't explicitly cite these events as a cause. Instead, the committee mentioned "consequences following the Russian invasion" instead. Schröder acted as chancellor between 1998 and 2005.
During his first-instance trial before the Administrative Court in May 2023, Schröder lost. Throughout the Higher Administrative Court hearing, judge Wolnicki displayed a critical attitude. This case revolves around principles of legal right, as there's no explicit law for this matter. Indeed, there are valid reasons for subsidizing an office, but "it's undisputed," also noting the principle of equal treatment. "There's no entitlement here," Wolnicki commented.
Schröder's lawyers relied on customary rights, as everyone had "naturally" taken possession of such offices and workers for decades. A Federal Chancellery attorney replied, "It's a courtesy, a voluntary expression of appreciation for the work done. Yet no claim arises from it." The court accepted this argument, acknowledging that the Bundestag (Germany's parliament) controls state expenses' budget. They remarked that perhaps the Bundestag never enforced a law to give financial support to former chancellors, allowing the decision to be politically revisited occasionally "depending on the individual of the former officeholder."
Owing to the case's significant impact, Schröder's legal team was granted permission to appeal to the Federal Administrative Court. Whether he would make this option, however, stayed undecided. Following the hearing, he and his wife, both hand-in-hand, vanished from the room. They were absent during the final verdict announcement, which arrived two hours later.
Press release VG Berlin dated 4.5.23
