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Saturday, Mar 15, 2025

Karlsruhe Court Dismisses Emergency Applications Against Bundestag Special Sessions

Karlsruhe Court Dismisses Emergency Applications Against Bundestag Special Sessions

Germany's Federal Constitutional Court rules on legislative sessions concerning a significant financial package for defense and infrastructure.
Germany's Federal Constitutional Court in Karlsruhe has dismissed multiple emergency applications that challenged the convening of special sessions of the outgoing Bundestag.

These sessions are scheduled to take place next week to vote on a substantial financial package that aims to bolster defense and infrastructure investments.

In its judgment, the court deemed the applications unfounded and affirmed that several additional emergency motions regarding the legislative process also failed.

The Bundestag is poised to deliberate on a debt-financed special fund amounting to €500 billion, intended for infrastructure projects, alongside proposed amendments to the country's debt brake to allow for increased defense spending.

These amendments require constitutional changes, necessitating a two-thirds majority in both the Bundestag and the Bundesrat to be approved.

As the new Bundestag must convene no later than March 25, achieving the required majority would depend on the votes from opposition parties, specifically the Left Party or the Alternative for Germany (AfD).

To address this potential challenge, the governing coalition—comprising the Union, Social Democrats (SPD), and the Greens—sought to finalize these agreements while the outgoing parliament is still operational.

A consensus on these matters was announced on Friday afternoon by the participating parties.

According to Bundestag President Bärbel Bas (SPD), special sessions have been planned for March 13 and March 18, following a request from the Union and SPD and subsequent consultations with the Council of Elders.

Article 39 of Germany's Basic Law permits the convening of special sessions if at least a third of Bundestag members make such a request.

The Federal Constitutional Court underscored that the outgoing Bundestag retains its full capacity to act until the new parliament is officially convened.

The court's ruling clarified that the effects of the outgoing Bundestag's actions remain in place until the new assembly is formed.

There are ongoing challenges related to the special sessions, including lawsuits filed by the AfD and the Left Party contesting their legitimacy.

As of now, three additional disputes regarding the constitutional order and four individual constitutional complaints are pending before the court.

Christian Görke, a parliamentary manager for the Left Party, has criticized the legislative process for the financial package, describing it as unworthy of the Bundestag.

He raised concerns about the lack of expert hearings in committee discussions, the frequent revisions to deliberation materials, and the absence of adequate responses to legislative inquiries.

Görke further highlighted the urgent nature of the compressed timetable for committee work, stressing the financial implications of the proposed measures, which could total up to €1 trillion.

The legislative process surrounding these special sessions and the financial package is being closely monitored amid substantial public and political engagement in Germany's financial policies.
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