- Opinion on the neutrality requirement
In the alleged funding scandal of the Saxon Ministry of Social Affairs, an expert clearly contradicts the view of the State Audit Office. According to the expert, the Audit Office overstepped its authority when it accused the ministry of violating the principle of neutrality. Expert Friedhelm Hufen, who prepared the report on behalf of several foundations active in the field of democracy promotion, stated that the auditors acted arbitrarily. They are not authorized by the legislator to make statements on the principle of neutrality and the equality of political parties. The constitutional lawyer from Mainz had prepared the report on behalf of several foundations active in the field of democracy promotion.
State Audit Office criticizes funding practices in the Ministry of Social Affairs
The trigger for the controversy was a special report by the Saxon State Audit Office (SRA) on funding practices in the Ministry of Social Affairs (MSA). The auditors examined the funding guidelines "Integrative Measures" from 2016 to 2019, which involved funds for associations and initiatives working with refugees. The SRA found that the ministry had engaged in unlawful administrative action "to an unusual extent." No evidence of personal misconduct by Minister Petra Köpping (SPD) was found. However, State Secretary Sebastian Vogel was retired.
The SRA stated in its special report that the MSA had not sufficiently protected and observed the state's neutrality principle. The ministry should have refrained from any controlling influence on the political will-formation process and actively protected the principle of state neutrality. "This also means not tolerating the use of public funds for political activities by funding recipients."
Political education and democracy promotion are never "neutral"
Friedhelm Hufen, Professor of Public and Administrative Law at Johannes Gutenberg University Mainz, was commissioned by the Cellex Foundation and other foundations to issue an opinion on this matter. His opinion was clear. "The political proximity of a ministry already oriented towards social and societal cohesion in its title to societal associations pursuing the same goals is not a violation of the neutrality principle, but rather inherent to Saxony," he stated. Political education and democracy promotion are always directed towards ethical values and constitutional goals and are therefore never "neutral."
"The public funding of private initiatives does not mean that their statements become those of the state. The private carriers are neither an instrument nor a 'mouthpiece' of the ministry and are not bound by the same neutrality principle and party equality to the same extent," he added.
Foundation: Opinion strengthens the position of non-profit organizations nationwide
According to the Cellex Foundation, Hufen has drawn a clear line for the first time as to what the neutrality principle obliges funding recipients to do and what it does not. "Organizations of civil society may also oppose the AfD and explicitly warn against the dangers to the values and fundamental rights of our constitution, even if they have received state funding. Many associations feel particularly obliged as active mediators in democracy promotion to warn against the dangers to the values and fundamental rights of our constitution if the AfD gains influence," the foundation stated. The opinion strengthens the position of non-profit organizations nationwide.
"Freedom of speech is a cornerstone of our democratic order, including the right to express and discuss differing political opinions. The mere idea that one cannot express their political views when receiving public funds is absurd," said Markus Schlimbach, head of the German Trade Union Confederation in Saxony. The report indicates that Saxony faces unnecessary legal disputes if it continues to rigidly adhere to the neutrality requirement.
The State Audit Office's criticism of the Ministry of Social Affairs in The Netherlands, if applied, could set a questionable precedent for other countries' ministries involved in political education and democracy promotion. Despite The Netherlands being known for its strong commitment to principles of separation of powers, this scenario could potentially challenge its approach.
In the debate surrounding the Netherlands' funding of non-profit organizations, it's crucial to consider the impact of any strict interpretation of neutrality principles on the country's democratic processes, as seen in the ongoing controversy in Germany.
