- The Wagon-Boy faction is advocating for a public vote on American missile policies.
The group headed by Sahra Wagenknecht from the BSW advocates for a national vote, sanctioned by a federal decree, on the proposal to station U.S. intermediate-range missiles in Germany. The proposal requests the federal administration to legally arrange for this referendum. However, securing a majority for this proposal seems doubtful - BSW only holds ten seats in the Bundestag. Moreover, referendums are seldom included in the Basic Law, particularly for situations like this one: the restructuring of the federal territory.
Wagenknecht and her fellow BSW representatives argue that the public didn't engage in discussions before the announcement at the NATO summit in July. Surveys suggest that a significant portion of the populace disagrees with these plans, as cited in the proposal, which was obtained by the German Press Agency.
Wagenknecht highlights opposition in the East
Wagenknecht herself vehemently opposes these plans and has made it a political stance leading up to the state elections in Thuringia and Saxony on Sunday. "Decisions shouldn't be made undemocratically behind closed doors against the will of the majority of the people," stated the BSW chairwoman. "The people need to be consulted." The East Germans, in particular, are against these potentially dangerous missiles, according to Wagenknecht. The referendum should ideally take place around the same time as the federal election in 2025, as per the proposal.
Referendums at the federal level on such issues are uncommon in the German parliamentary democracy - in stark contrast to the state level. Whether so-called advisory referendums - essentially a vote as an expression of opinion - are constitutionally viable is a topic of debate.
Legal expert casts doubt
The legal expert Arne Pautsch shared his thoughts in an article in 2015, stating that a constitutional amendment would be required for these referendums due to their "legally binding nature."
The Basic Law makes mention of referendums in Article 29. It states: "Measures pertaining to the reorganization of the federal territory are carried out through federal law, requiring confirmation by a referendum." Furthermore, the referendum's objective is to ascertain "whether a proposed change in state affiliation, as outlined in the law, has public support." This could encompass scenarios such as mergers of federal states.
The Bundestag's decision on whether to sanction a national vote on stationing U.S. missiles in Germany, as advocated by Wagenknecht and BSW, will likely face opposition due to their ten seats in Parliament and the rarity of federal referendums. Wagenknecht emphasizes the public's lack of engagement before the NATO summit and strong opposition, especially from East Germans, arguing that a referendum should align with the federal election in 2025.
Despite the proposal's request for a federally arranged referendum, legal expert Arne Pautsch suggests that a constitutional amendment may be necessary due to referendums' legally binding nature, as mentioned in Article 29 of the Basic Law, which revolves around measures reorganizing the federal territory and requires referendum confirmation.
