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Tuesday, Mar 18, 2025

AfD Challenges German Government's Financial Package in Constitutional Court

AfD Challenges German Government's Financial Package in Constitutional Court

Urgent applications filed ahead of the Bundestag vote on a multi-billion euro financial proposal.
The German Constitutional Court is set to address legal challenges surrounding a substantive financial package proposed by the coalition consisting of the Union, SPD, and the Greens.

This package is scheduled for a crucial vote in the Bundestag on Tuesday, followed by the Bundesrat on Friday.

It requires a two-thirds majority in both legislative chambers for approval.

Members of the Alternative for Germany (AfD) have submitted an urgent application to the Constitutional Court, seeking to halt the parliamentary approval process.

Their concerns are focused on the alleged absence of expert hearings by the Bundestag's budget committee, which they believe compromises the integrity of the legislative process.

This legal challenge is significant as it could jeopardize the coalition's efforts to establish a new governing arrangement, particularly with Friedrich Merz of the Christian Democratic Union (CDU) anticipated to take the chancellorship.

In a related move, independent MP Joana Cotar has also lodged a second objection in Karlsruhe, requesting a postponement of the vote.

The Constitutional Court has acknowledged her application.

Additionally, three members of the Free Democratic Party (FDP) are preparing a similar urgent application, arguing that the consultation period related to the debt package has been inadequate.

Previously, the Constitutional Court dismissed several applications that aimed to cancel the extraordinary session of the old Bundestag and to impede the planned approval of the financial package.

Those requests did not succeed; attempts to challenge the legislative process itself likewise did not yield favorable outcomes.

However, as of Friday, three further disputes and four constitutional complaints remain pending, including one from the Left Party, which has expressed concerns regarding the fast-tracked legislative process intended to amend the Constitution.

The proposed amendments to the Grundgesetz (Basic Law) put forth by the Union, SPD, and Greens suggest modifications to spending limits for defense, civil protection, intelligence services, and cybersecurity.

These expenditures are proposed to be kept under a cap of one percent of the gross domestic product (GDP), amounting to approximately 43 billion euros based on 2024 GDP estimates.

Any expenditure beyond this limit could be financed through loans.

The proposed amendments also aim to grant states increased autonomy for borrowing.

Furthermore, the amendments propose the creation of a special fund dedicated to investments in infrastructure and climate neutrality, which would not be subject to the debt brake and would be funded by 500 billion euros in loans.
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