Post-Election Restructuring in the Bundestag

The Bundestag is currently navigating a transitional phase following recent elections, as discussions between the Union and the SPD have led to significant financial decisions. The previous parliament is set to convene once more to finalize these decisions, despite the fact that a new Bundestag was elected just 11 days ago.

In a video conference on Thursday, the Elder Council of the outgoing parliament will deliberate on how to manage this unusual situation. Meanwhile, representatives from the newly formed council will also meet to potentially schedule the inaugural session of the newly elected parliament.

Until the new Bundestag officially convenes, the old parliament remains fully operational. This is being strategically utilized by the Union and the SPD, who are negotiating substantial financial packages aimed at defense and infrastructure in light of Germany's current international and economic challenges. These legislative changes require amendments to the constitution, which they aim to pass using the outgoing parliament's majority, as the new assembly lacks the necessary two-thirds majority due to gains made by the AfD and the Left party.

The Elder Council is expected to set dates for the required sessions to discuss these amendments. Speculation suggests that special sessions may be held at the end of next week and the following week.

On the other hand, the new parliament's preparatory council, known as the 'Vorältestenrat', is responsible for determining when the new assembly will convene. According to the constitution, the new Bundestag must meet no later than 30 days after the election, which places the deadline on March 25.

There are also discussions regarding the seating arrangements in the plenary chamber, which have previously caused disputes, particularly regarding the positioning of the AfD. As the second-largest faction, the AfD has laid claim to the second-largest meeting room, currently occupied by the SPD, which is resistant to relinquishing the space named after Otto Wels, a historical figure known for his opposition to the Nazis.

While there is no automatic right for the second-largest faction to occupy the second-largest room, the Bundestag's administration has indicated that alternative arrangements could be made to ensure adequate space for all factions. Should the parties fail to reach an agreement on their own, the future Elder Council will decide on the matter by majority vote.

Furthermore, the AfD is likely to continue its trend of not being represented in the Bundestag's vice-presidency. Historically, they have not secured a position in the presidium, despite their growing representation. Both the Union and SPD have signaled their unwillingness to support candidates from the AfD for these influential roles.

Although the Bundestag's rules stipulate that each faction should have at least one vice-president, the constitutional requirement for election means that the AfD's candidates face challenges. The election of the president and vice-presidents is conducted by secret ballot during the inaugural session.

In terms of committee leadership, the strongest opposition faction, traditionally, is awarded the chairmanship of the crucial budget committee, which would now be the AfD. The distribution of other committee chairs follows a specific protocol where the largest faction chooses first, followed by the second-largest, and so forth. This process continues until all positions are filled.

In the previous legislative period, the AfD faced difficulties securing committee chairs due to a lack of majority support for their candidates, leading to unfilled positions. A legal challenge by the AfD did not result in favorable outcomes either, and this issue is expected to resurface as the new parliament convenes.

Lastly, the AfD is also seeking representation on the Parliamentary Control Panel, which oversees intelligence services and has access to sensitive information. Their prior representation ended when their candidates were unsuccessful in securing votes for the positions. This scenario may repeat itself in the upcoming parliament.