- The German Federal Republic's Court of Justice deems AfD's proposed legislative measures as unacceptable
The Anti-Democratic Party (AfD) in Hesse's state parliament fell short with their legal attempt to challenge the complimentary support provided by the ruling parties in crafting bills. The Higher Regional Court in Wiesbaden turned down related petitions, labeling them inadmissible (case number 2869).
These appeals targeted the practice adopted by Hesse's government, whereby ministries draft bills and give them to the ruling factions for personal usage without charge. According to Hesse's highest court, the AfD opposition argued that this practice amounted to a financial in-kind gift from the government to the ruling factions, which violates the fundamental principle of fair treatment for all parties.
Is this a specific or general legal concern?
As per the Higher Regional Court, an application in a constitutional dispute must pertain to a particular action or lack thereof. However, the AfD faction decided to challenge "explicitly a general practice" of the Hessian state government instead of a specific bill. An "abstract legal query" cannot serve as the basis for a constitutional dispute.
The AfD's petitions stem from 2022, a period when the CDU and the Greens were governing Hesse. Since January 2024, a black-red coalition has taken power. The court's decision is now final.
Despite the AfD's legal challenge to Hesse's government's bill drafting practice in 2022, their petitions were deemed inadmissible by the Landtag, as the Higher Regional Court considered it an abstract legal query rather than a specific issue. However, the newly formed black-red coalition in Hesse's Landtag will need to address this controversy surrounding the compliance of the bill drafting practice with the principle of fair treatment for all parties.
