The special fund of the state government formed in the pandemic is unconstitutional.
What does this mean for the future financing of Corona aid in Hesse?
The first answers to this should be given at a specially convened session of the state parliament.
Wiesbaden - Hesse's finance minister Michael Boddenberg (CDU) has to explain the future financing of the corona aid in the state to the members of the state parliament just a few days after the judgment of the state court on the special fund.
At the request of the parliamentary groups of the SPD and FDP, there will be a special session of the parliament in Wiesbaden this Wednesday (2 p.m.).
The reason is that the State Court of Justice has classified the state's Corona special fund as unconstitutional.
According to the ruling by Hesse's top judges, the state now has a transition period until the end of March 2022 to ensure a new regulation for the financing of Corona aid.
However, the decision of the State Court of Justice does not have any direct consequences: no financial aid that has already been paid out or planned has to be repaid or withheld.
Nobody could simply go back to the agenda after the ruling of the highest regional judge, justified the parliamentary managing directors of the two opposition groups, Günter Rudolph (SPD) and Matthias Büger (FDP), on Thursday the step. With the special session, the state parliament should have the opportunity to deal intensively with the judgment of the State Court and to discuss the consequences of this for the legislative procedure for the 2022 budget.
"The public statements of the finance minister and the government parliamentary groups make it clear that the CDU and the Greens refuse to recognize the full scope of the judge's verdict and simply want to go back to the agenda," criticized Rudolph and Büger.
"The state parliament, as budget legislator, cannot tolerate this form of denial of reality."
Finance Minister Michael Boddenberg (CDU) assured on Thursday that he would be well prepared for this planned state parliament session.
"Not only the Corona aid that has been provided and initiated will endure, but also the current budget for 2021," emphasized the Finance Minister after the verdict was announced.
However, there will be adjustments to the budget for 2022, which is currently being discussed by Parliament.
The finance minister's draft budget for next year provides for total spending by the state of around 31.7 billion euros.
The country's income is said to be around 31.4 billion euros.
Boddenberg's goal for the black-green coalition is to present a budget without new debts in 2024.
The credit-financed Corona special fund is an aid package worth billions with which the Hessian state government wanted to combat the economic consequences of the pandemic.
It provides for up to twelve billion euros in support payments by the end of 2023, for example for municipalities that have lost tax revenues due to the economic crisis.
The special fund finances the country with new debts.
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The Hessian Association of Towns and Municipalities sees no major consequences for the municipalities after the judgment of the State Court.
"It has never been politically or legally controversial that the municipalities have high financial support needs as a result of the corona pandemic," said managing director David Rauber of the German Press Agency.
The State Court criticized the legal implementation.
For example, the law on special funds would have to describe the negative consequences of tax losses.
"In the case of the municipalities, that would be: The financing of the necessary investments would not be secured, the prescribed constant crisis-proof and reliable fulfillment of municipal tasks would be acutely endangered."
dpa