Chancellor's proceedings. - Ex-Chancellor Schröder suffers another defeat in court regarding his official position.
A recent court hearing concerning former German Chancellor Gerhard Schroeder's (SPD) lawsuit regarding his office in the German parliament lasted just under two hours, with the judgement being straightforward - Schroeder possesses no legal entitlement to his former workspace. His lawsuit was deemed invalid, and he is also predicted to lose in the subsequent appeal.
Despite the German government's longstanding requirement of providing offices and personnel compensation for former chancellors, the tribunal ruled that this practice does not produce a legal claim. This likelihood became evident during the presiding judge's inquisition at the Berlin-Brandenburg Administrative Court. The leading judge's remarks have yet to take effect.
Remarkably, Schroeder arrived at the court early, with his wife, Soyeon Schroeder-Kim, by his side in deep blue. Suited up, he arrived at the Berlin-Brandenburg Administrative Court's grand hall near the Zoo train station ten minutes ahead of the hearing. Schroeder briefly stumbled over a carpet edge, though quickly shook it off before greeting Judge Boris Wolnicki amiably: "It's good to see you here. I can say that without violating neutrality." He then remarked, "It's nice to be here."
During the proceedings, Schroeder, aged 80, enlisted his legal team to make extensive arguments concerning his office space, personnel, and his efforts mediating between Ukraine and Russia in the ongoing war. He highlighted that he once possessed seven office rooms and five employees in the parliament building, considering this an "appropriate" arrangement. Such mediations required extensive travel and discussions, which he could not feasibly organize without his former office. He contended, "These conversations only arise because of my previous position."
Citizens regularly approached him with personal issues, claiming that they "have no one else" to turn to. He believed that declining these requests would prove fruitless, asserting, "This is time-consuming and doesn't work." "These are tasks that can only be carried out because you once held this office." Currently, he must handle these responsibilities privately.
In May 2022, the German parliament's budget committee omitted Schroeder's office from its arrangements. The reasoning behind this was explicitly stated as Schroeder's reluctance to take on former obligations that came with the position. A regulatory change precipitated this action in spring 2022. Before this decision, he faced criticism for his close ties to Russian President Vladimir Putin, who launched an assault on neighboring Ukraine over two years ago. No explicit mention was made about the new rule, but "consequences in view of the Russian invasion" were implied. Schroeder held office between 1998 and 2005.
Schroeder initiated the suit but lost in a May 2023 first-instance trial before the Administrative Court. Throughout the hearing at the Higher Administrative Court, it was clear that Judge Wolnicki viewed the case dimly. The controversy hinges on whether Schroeder holds legal grounds, as no statute enshrines this right. While the provision to provide former chancellors with resources was widely accepted, the judge commented, "The issue is: The plaintiff must have a right."
Schroeder's counsel mainly relied on customary law, as all Chancellors have traditionally received offices and staff. Additionally, they argued for the principle of equal treatment, pointing out that Schroeder should not be treated worse than a previous figure like Angela Merkel (CDU). However, a lawyer from the Federal Chancellery countered, "It's a friendly, voluntary gesture from the state. It's a form of appreciation for what has been done. From this, however, no claim emerges."
Eventually, the court concurred. Settling the matter hinges on the power of the parliament's budget making committee, the Bundestag, which sanctions state budgets. Judge Wolnicki suggested, "Perhaps the Bundestag deliberately did not enact a law regarding former chancellors to allow it to be debated politically over and over again, especially depending on the individual who held the position."
Given the importance of the case, Schroeder's case will be reviewed by the Federal Administrative Court. His decision to sue continued to be inconclusive. Moments after the hearing, Schroeder and his wife exited the courtroom. His legal counsel and family were absent for the outcome's proclamation two hours later.
