Minimum size for parliamentary groups topic in court
On Friday, the State Constitutional Court in Schleswig once again dealt with new minimum group sizes in local parliaments. An oral hearing was held on the application by the state parliamentary groups of the FDP and SSW against changes to municipal law that came into force on June 1, 2023 (LVerfG 4/23). On the one hand, the minimum size of parliamentary groups in larger municipal councils and district councils was raised from two to three members.
In the opinion of the state parliament and government, the new minimum size for parliamentary groups is a response to the increasing fragmentation in local parliaments. The FDP and SSW doubt this and see, among other things, a reduction in democracy. The work of minorities would also be made more difficult. This is unconstitutional.
An urgent application against the increase in the minimum size of parliamentary groups in local councils, which the FDP and SSW had filed before the local elections in May, was rejected by the state constitutional court. No substantive decision was made at the time.
The SSW and FDP parliamentary groups are also appealing against the fact that the conditions for holding citizens' petitions and referendums have been changed.
According to a court spokesperson, a decision by the court is expected to be announced at a further hearing.
The FDP and SSW argue that the increase in the minimum size of parliamentary groups in local councils, as implemented in the changes to municipal law, potentially reduces democracy and making it harder for minority groups to function. In this context, they are also challenging the alterations to the conditions for holding citizens' petitions and referendums in court.
Source: www.dpa.com