As of: January 26, 2024, 5:03 a.m
By: Jens Kiffmeier
Comments
Press
Split
Decision in the state parliament: The AfD can send two honorary constitutional judges - thanks to the votes of the Bavaria coalition.
The Greens are outraged.
Update from January 24th, 3:53 p.m
.: The decision has been made: The Bavarian State Parliament has approved the complete list for the election of judges at the State Constitutional Court.
This means that the AfD can again appoint honorary judges to the court.
With the votes of the CSU and Free Voters, the proposals found a majority, as the news portal
t.online.de
first reported.
The SPD and the Greens voted against it, as announced.
The MPs could only agree to the list completely or reject it completely.
Because of the role of the AfD, the nomination and the process had been the subject of debate for weeks.
AfD appoints constitutional judge again: State parliament approves list of candidates for the constitutional court
First report
: Munich - Despite observation by the Office for the Protection of the Constitution: The AfD in Bavaria can probably continue to send two honorary judges to the state constitutional court.
In an upcoming vote, the coalition of CSU and Free Voters wants to pass the personal details in the state parliament.
This is not possible otherwise “for legal reasons,” the
Süddeutsche Zeitung
(SZ) quoted a parliamentary group spokesman as saying on Tuesday (January 23).
This could threaten the state parliament with the next trouble.
Because the Greens don't want to take part in the game - and are even letting their own candidates fail in the election.
Dispute over constitutional judges: CSU and Free Voters tolerate AfD candidates
The showdown is on Wednesday (January 24th).
The state parliament should then decide on the composition of the honorary judges at the state constitutional court.
A total of 15 volunteers will be appointed to uphold and protect the constitution alongside the seven full-time employees.
Depending on the election results, all factions are allowed to send their candidates, meaning the AfD is entitled to two positions.
Wants to tolerate AfD candidates as constitutional judge in Bavaria: Prime Minister Markus Söder (CSU).
© Daniel Vogl/Karl-Josef-Hildebrandt/dpa/Montage
The election was usually considered a formality; the list was usually voted on in a block.
But in view of the AfD candidates, the SPD and the Greens actually want to push through an individual vote on the judges.
A vote on the complete list was postponed in December.
But the coalition led by Prime Minister Markus Söder (CSU) now has legal concerns.
Election of AfD politicians to the Constitutional Court: CSU sees no alternative
“For legal reasons, it is necessary to maintain the current overall voting procedure,” the CSU parliamentary group told the
SZ
.
There is a risk, it was said, that the entire election of judges could be challenged through a constitutional complaint if individual candidates were to fail in an individual vote.
This could paralyze the entire court.
Apparently, Constitutional Court President Hans-Joachim Heßler had already given the state parliament a corresponding tip.
That's why the CSU and Free Voters now want to decide on the entire list.
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When nominated, the public actually gets little insight into the list.
According to media reports, lawyers Rüdiger Irmgart and Wolfram Schubert are again up for election as the AfD's poll winners, both of whom have been seconded to the court as volunteers since 2018.
During the vote at that time, the AfD in Bavaria was not yet observed by the state Office for the Protection of the Constitution.
Irmgart in particular recently made a name for himself because he was seen attempting to storm the Reichstag building in Berlin during the 2020 corona pandemic.
However, the Weilheim lawyer downplayed his role in interviews and said that he only wanted to get an idea on site, but in no way supported the demands made there.
Election of constitutional judges
All parliamentary groups select their own candidates for the Bavarian State Constitutional Court depending on their strength in the state parliament.
Anyone who is over 40 years old and has special knowledge of public law can be elected.
In addition, this or that person may not have a political mandate.
AfD in Bavaria: Halemba affair concerns state security
Regardless of this personality, the AfD in Bavaria is under observation by the Office for the Protection of the Constitution.
The party recently provoked a series of scandals that cast doubt on its loyalty to the constitution.
The state security agency is investigating a racist incident in Greding, Central Franconia.
There, AfD supporters are said to have shouted racist slogans and songs at a state party conference, as
Bayerischer Rundfunk
reported.
The affair surrounding the controversial state parliament member Daniel Halemba had previously kept the Free State in suspense, against whom the public prosecutor's office was investigating for sedition.
Shortly before the state parliament was constituted, the 22-year-old fraternity member was wanted by an arrest warrant and was finally arrested in Kirchheim unter Teck.
For the SPD and the Greens, these are enough reasons to take a closer look at the election of honorary judges at the State Constitutional Court.
It is clear to his group that “enemies of our free constitution have no place in a constitutional court,” said Jürgen Mistol, parliamentary director of the Greens, of the
SZ
and announced that his party would reject the list.
They said they didn't want to "actively vote for AfD candidates", but instead they would let their own candidates fail.
The SPD doesn't want to go that far.
But she foregoes the faction requirement and leaves the decision to the conscience of the MPs.
Evidence for AfD ban: Söder's announcement clashes with reality
This definitely puts the Prime Minister under pressure.
After secret meetings between AfD federal party officials and right-wing extremists in Potsdam became known, Söder announced a tougher approach towards the right-wing populists.
He was skeptical about the call for a ban on the party.
But according to the dpa
news agency, he spoke out
in favor of collecting more evidence against the AfD.
But in practice, the harder approach seems to be more difficult.
(
jkf
)