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Weird News Constitutional Court for Party Financing: At the Short Leash?

09:40  14 october  2021
09:40  14 october  2021 Source:   sueddeutsche.de

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full control, expert commission, justification obligation: The Federal Constitutional Court examines how the Bundestag wants to look at the party financing on the fingers.

Das Bundesverfassungsgericht muss entscheiden, ob die Parteien künftig mehr Geld aus Steuermitteln bekommen. © Uli Deck / Picture Alliance / DPA The Federal Constitutional Court must decide whether the parties will receive more money from tax funds in the future. on the short leash?

For two days, the Federal Constitutional Court has negotiated the actions of the (previous) opposition against raising the upper limit for party financing by around 25 to 190 million euros. It was decided to increase three years ago by Union and SPD - the first case in which it has been increased for the party livestock as important upper limit on the general price increase. Already the unusual scope of the trial shows: When it comes to how much money from the state treasury to the parties can be distributed, the Federal Constitutional Court plays the dominant role of a caring preceptor. Already three decades ago, the court had decided that a Parliament of loud deputies with party book could not quite trust if it decides on the party financial statements - keyword self-service. Therefore, it must be guided on the short Karlsruhe leash.

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This will not change in 2021, the second day of the hearing made it clear. The question was more likely, how short and how taut has to be this leash. Peter Müller, in the Second Senate as a rapporteur for the procedure, could introduce itself here a Karlsruhe "full control", at least for the question of whether an increase is displayed; When determining the height, the scope could be greater. That would almost be the maximum maximum clear supervision, similar to the right to vote - ie without the otherwise conventional judicial restraint towards a decision of the legislator.


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His colleague Peter Michael Huber, on the other hand, seemed to have sympathy for a "proceduralization", a favorite word of the court: one creates a procedure detached by party interests, which the guarantee for an independently determined Result offers. Advantage: The court would not have to calculate the right number in the end, but only monitor the proper procedure. As an example, Huber mentioned the Commission to determine the financial needs of broadcasters, the relevant instance for the contribution height - even a Karlsruher invention.

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"Act of self-grafting"

or, another idea: The Bundestag must justify such laws particularly in detail. In 2018, the large coalition had not been necessary for this necessary, but pretty lapidar for higher costs for digitization and intra-party participation. But this too would not be unproblematic because otherwise the principle applies: The legislature owes the law, but not the justification.

should gain the complaining fractions of Greens, Left, FDP, if they, of course, brought their own parties around the contract - an "act of self-grafting", peter Müller. Isabelle Borucki (UNI Siegen) and Frank Decker (UNI Bonn) made it clear as experts in the hearing that the parties urgently need the money. In addition to classical basis work and election campaigns, for example, the parties would have to organize campaigns in social media - a tremendous cost effort, because they need professional staff, Borucki said. The same applies to Decker for the increase in the participation, a major social trend that parties could not close. A judgment is to be expected only in a few months.

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