Karlsruhe: Constitutional Court to Rule on Complaints from AfD and Left Party

The Federal Constitutional Court in Karlsruhe is set to deliberate on the legal complaints filed by the Alternative for Germany (AfD) party and the Left Party regarding the proposed special sessions of the previous Bundestag. These sessions are aimed at adopting amendments to the constitution that would modify the debt brake stipulations.

On March 13 and 18, the President of the Bundestag, Bärbel Bas, has called for two extraordinary sessions where three constitutional amendments will be discussed. These amendments are intended to create exceptions to the debt brake for defense spending and for a special fund designated for infrastructure modernization. The newly elected Bundestag is scheduled to convene for the first time on March 25.

The political maneuver of allowing the old Bundestag to proceed with these amendments just before the new assembly is controversial. Critics, including the AfD and the Left Party, argue that this action undermines the electoral mandate of the newly elected representatives, who could potentially block such changes.

As of now, six urgent applications have been submitted to the Federal Constitutional Court challenging the special sessions. These include four complaints from AfD representatives, as well as submissions from individual citizens whose identities remain undisclosed.

The plaintiffs assert that their rights are being violated as they are unable to assume their elected positions in a timely manner due to these unprecedented sessions. They argue that the previous Bundestag should not have the authority to enact constitutional changes after a new election.

Legal scholars have remarked that the success of these challenges is uncertain. Article 39 of the Basic Law states that the Bundestag must convene no later than 30 days after an election, and many legal experts believe that the old Bundestag remains fully functional until the new one is in place.

The opposition, led by the AfD and the Left Party, contends that Bas should have convened the new Bundestag as soon as it was feasible, with March 14 being a critical date when the Federal Returning Officer will finalize the election results. If their argument holds, the scheduled session on March 18 would not be valid.

This issue marks the first time that the Constitutional Court is addressing whether the Bundestag can pass constitutional amendments following an election. The court's decision depends on the admissibility of the applications, which presents several questions.

It has been suggested that representatives from the outgoing Bundestag may not have the standing to claim that the incoming members are being precluded from taking their seats. In general, only violations of one's own rights can be pursued in such proceedings.

As the situation unfolds, it remains to be seen how the court will rule on these urgent applications, with potential implications for the legislative process in the near future. The Federal Constitutional Court has not yet indicated when it will address these applications, but a decision could come ahead of the first special session on March 13.