LiveTicker on coalition negotiations: Merz wants to propose Klöckner as President of the Bundestag

The Federal Constitutional Court rejected the applications against the convening of the 20th German Bundestag for special meetings on March 13 and 18 March, 2025. The attempt by AfD and the left has failed to stop the planned changes in the basic law in the urgent procedure, as FAZ correspondent Katja Gelinsky reports.

The proposals were unfounded, the second Senate decided that the election period of the Old Bundestag was only ended in accordance with Article 39 of the Basic Law through the meeting of the new Bundestag. “Until then, the old Bundestag is not limited in its options for action,” said the constitutional court. “The 20th German Bundestag is not lacking in constitutional legitimation.” This ensures that the election periods will connect with each other and the state is never undertaken without a parliament that is capable of acting. Even the new Bundestag will decide. A third of the members of the Bundestag are obliged to do so, according to Article 39 of the Basic Law. Federal Constitutional Court. The Senate lacked a sufficient justification for the extent to which the fundamental right of the MPs on informed advice and decision -making would be violated. The lecture on this is “not sufficiently substantiated”. Even if there is an obligation to preserve the constitution of the new Bundestag, this obligation is not violated. The Federal President has no right to vote as to whether she can call the old or the new Bundestag. But an obligation to convene the new Bundestag before the 30th day after the election presupposes that the new Bundestag formed the will to come together and agreed on an appointment. “This lacks that here,” the court clarifies. The Federal Constitutional Court also affected a consequences. If an interim arrangement was made – the planned special meeting for the anchoring of the planned financial package in the Basic Law would previously prohibit – and it would turn out in the main proceedings that they could have taken place, “there would be a significant intervention in the autonomy of parliament”. This is fundamentally foreseeable in the interim legal protection procedure. In addition, this would probably be finally prevented from passing the old Bundestag, since this is only available for a limited period of time until the 21st German Bundestag was constituted. MPs of the Old Bundestag would irretrievably lose their right to pass the decision. If the interim arrangement did not exist and the main thing would have success, the applicant – and possibly also other MPs – would have an irretrievably took the opportunity to perceive their rights of cooperation in the constitutionally guaranteed extent. In both cases, MPs would be irreversibly violated. However, the interference in the procedural autonomy of parliament would be particularly important because there is a risk that the decision on the law introduced due to the principle of discontinuity will be “finally impossible”.

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