Berlin-Brandenburg: Revising the Capital City's Narrative - Former Chancellor Schröder denied access to the Bundestag's offices, court decides.
Ex-Chancellor Gerhard Schroder (SPD) has no right to his old office in Germany's lower house of parliament, according to a court ruling. The Oberverwaltungsgericht (OVG) Berlin-Brandenburg dismissed his lawsuit on Thursday. This decision isn't legally binding yet.
The Budget Committee of the Bundestag decided in May 2022 to shut down Schroder's workplace in the Bundestag. They cited his lack of commitment to fulfilling his former responsibilities as the reason. A new law made this mandatory.
Schroder Can't Make a Claim to Bundestag Office - Recourse Allowed
The OVG deemed there's no legal entitlement to the provision of an office and staff by the state. Such an entitlement doesn't originate from either customary law or the principle of equal treatment, the judge, Boris Wolnicki, said.
Despite the state having offered workspaces to past chancellors for years to handle official matters post-departure, these customs can't create legal obligations for the succeeding office-holder. The court added, "These practices in no way create a legal claim for the former officeholder."
Since this case carries immense importance, the appeal to the Federal Administrative Court is permitted.
Former Chancellor Lost Already in Previous Attempt
Schroder had gone to court again in the second instance to demand the Bundestag pay his office and employees once more. He did this before his office closure in May 2023 and lost in the first instance before the Administrative Court.
Criticisms then circulated regarding Schroder's ties to Russian President Vladimir Putin, but no explicit reference to his connections sparked the new rule. Instead, it was about possible consequences "in light of Russia's invasion" of Ukraine. Schroder served as Chancellor from 1998 to 2005.
Personally appearing in the oral hearing in Berlin, Schroder described how crucial his old workspace with several state-funded employees was for his work as a former Chancellor and reiterated his efforts in mediating between Russia and the besieged Ukraine.
Read also:
After the court ruling, Gerhard Schröder, former Chancellor and SPD member, was denied access to his office in the Berlin-based Bundestag. Springing from this decision, Schröder and the SPD may need to find an alternative workspace in Berlin for their political activities.
