Methods or procedures - Lawsuit over AfD's committee appointments to be decided in July.
On July 18th, the Bavarian Constitutional Court will make a decision regarding the legality of the parliamentary control committee's composition without the inclusion of the AfD. The court's president, Hans-Joachim Heßler, made this announcement after an oral hearing on Wednesday.
The main focus of the case is on the past legislative period. The AfD frequently put forward candidates for the committee, but struggled to garner a majority in secret elections in the parliament. The AfD claims that their lack of representation in this committee infringes upon their right to formal equality and effective opposition work. They argue that the control committee should be comprised of members who reflect the composition of the parliament, thus ensuring a proper separation of powers.
The second-largest and now largest opposition party would be denied opportunities for essential opposition-related tasks, asserted the AfD representatives before the court. Additionally, voters of the AfD have the right to have their elected representatives in this committee, according to them. The Bavarian Constitution doesn't mention an election for the control committee, but it does stipulate that committees should be formed with a mirror image of the entire parliament.
The parliament's representatives, however, argue that the access to the committee can be managed through an election system. While it's indeed a secret election, an MP isn't responsible or compelled to provide an explanation for their particular election choice - there cannot be a justification requirement.
Moreover, the principle of reflection is maintained through the AfD's proposal rights. When it comes to the formation of the control committee, it's important that someone is deemed trustworthy by the majority and possesses the necessary personal integrity. This is particularly crucial for the control committee, which deals with sensitive information that could have an impact on people's lives, such as the so-called V-people. Notably, the AfD is also a target of surveillance by the constitutional protection as a whole party in Bavaria.
In the summer of 2021, the Constitutional Court dismissed the initial lawsuit of the AfD for inadmissibility. They filed another lawsuit at that time, and the current judgment will address that. So far, every AfD candidate has failed in their attempts to be elected to the Landtag presidium or the control committee during the current legislative period. In some cases, they even received fewer votes than the number of AF D members present.
Read also:
- The AfD has challenged the legality of the parliamentary control committee's composition, which excluded their party, in front of the Bavarian Constitutional Court.
- In the past legislative period, the AfD faced difficulties in garnering a majority for their committee candidates during secret elections in the Bavarian Parliament.
- The supervisory body, the Bavarian Constitutional Court, will decide on July 18th whether the AfD's lack of representation in the control committee infringes upon their right to formal equality and effective opposition work.
- The parliamentary representatives argue that the control committee's access can be managed through an election system, maintaining the principle of reflection while ensuring the necessary personal integrity of its members.
