Constitutional Court to Decide on Bundestag Special Sessions

The future of the Bundestag's special sessions hangs in the balance as the Constitutional Court considers a series of legal challenges. The sessions are intended to approve a substantial funding package aimed at enhancing infrastructure and defense capabilities.

The proposals, put forth by the Union and SPD parties, involve financing a EUR500 billion special fund through additional debt, necessitating amendments to the constitution. Such changes require a two-thirds majority in both the Bundestag and Bundesrat. Given the new Bundestag is set to convene by March 25, 2025, the current legislature is attempting to finalize these decisions before the transition.

Bundestag President Bärbel Bas has scheduled two extraordinary sessions for this Thursday and the following Tuesday, responding to requests from the Union and SPD, who collectively represent over a third of the assembly. However, several legal petitions have been filed with the Federal Constitutional Court, primarily by members of the AfD and the Left party, disputing the legitimacy of these sessions.

The court has indicated that it will likely issue a ruling before March 18, the date of the second special session. The AfD argues that the call for these sessions is procedurally invalid, citing Article 39 of the Basic Law, which allows for a special session to be convened only upon a direct request from at least one-third of the individual members of the Bundestag, rather than from party factions.

Additionally, the AfD maintains that the old Bundestag lacks democratic legitimacy to make decisions of such significance after a new parliament has been elected. They contend that convening the old assembly infringes on the rights of newly elected representatives.

Similarly, the Left party has raised concerns about the rights of new members. They assert that once the Federal Electoral Committee officially recognizes the results of the recent election, the new Bundestag should be convened immediately to address urgent matters, rendering special sessions of the old parliament inappropriate.

The Left party's representation will increase from 28 to 64 seats in the new Bundestag, and they, alongside the AfD, will be pivotal in any discussions regarding constitutional amendments. Their objective includes not only reforming the debt brake but also ensuring increased funding for infrastructure projects.

In the context of legislative procedures, an Organstreitverfahren allows for disputes over the rights and responsibilities of federal bodies to be adjudicated by the Constitutional Court. Individuals, including members of parliament, can file such requests if they believe their constitutional rights are being threatened.

Furthermore, Eilanträge provide a mechanism for emergency judicial intervention, allowing the court to issue preliminary orders to prevent irreversible actions before a final ruling is made. This process was notably employed in 2023 to halt the passage of contentious legislation regarding heating regulations.