Schröder is suing the Bundestag for revoking his privileges - Kubicki calls for clearer guidelines

Created: 08/13/2022, 06:40

Gerhard Schröder is suing the Bundestag for withdrawing its special rights.

He reclaims his privileges.

The decision is reminiscent of an “absolutistic princely state”.

• Former Chancellor Schröder

  is suing the

  Bundestag

  : The 78-year-old sees the withdrawal of his special rights as "illegal" and takes legal action.

• This news ticker on

  Gerhard Schröder

  's announced lawsuit against the Bundestag is regularly updated.

Update from August 12, 1:50 p.m .:

The Bundestag Vice President Wolfgang Kubicki (FDP) reacted calmly to the lawsuit against the German Parliament announced by former Chancellor Gerhard Schröder.

"I think the probability of success of Gerhard Schröder's lawsuit against the German Bundestag is extremely low, but it is his right to have this checked by a court," the 70-year-old explained to the dpa.

Government spokesman Steffen Hebestreit came to a similar assessment in the federal press conference on Friday.

"In principle, everyone has the right to take legal action in a legal dispute," says the 50-year-old.

Regardless of the Schröder case, Kubicki spoke out in favor of clearer guidelines for the follow-up offices of the heads of government.

In my view, years to decades of full staffing and equipment is completely disproportionate and unreasonable for the taxpayer," said the FDP politician.

In this context, the Vice-President of the Bundestag proposes a temporary regulation.

"It would also make it clear once again that in the Federal Republic it is not the federal government that makes the decisive political decisions, but the parliament."

Former Chancellor Schröder is suing the Bundestag - because of withdrawn special rights

First report from August 12:

Hanover/Berlin - Former Chancellor Gerhard Schröder (SPD) is suing the Bundestag for the restoration of his special rights, which were revoked in May.

The 78-year-old demands that a former chancellor's office with employees be made available to him again, as his Hanoverian lawyer Michael Nagel told the German Press Agency.

Schröder sues Bundestag: withdrawal of his privileges is "unlawful"

The lawsuit was filed with the Berlin administrative court, said Nagel.

The decision of the Bundestag Budget Committee to cut Schröder's funds for equipping his office in the Bundestag and to put the office on hold is illegal, according to a statement by the law firm available to dpa.

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Gerhard Schröder does not want to let the withdrawal of privileges as former chancellor sit on him.

© Jens Schicke/Imago

It is "claimed that former Chancellor Gerhard Schröder no longer takes care of the so-called "after-effects of service".

"However, it is not specified what "long-term official duties" actually are, how their perception or non-perception is to be determined and what procedure is otherwise to be followed," the statement continues.

"Decision is arbitrary": The statement by Schröder's lawyers in the wording

"In May 2022, on the recommendation of the budget committee, the German Bundestag decided to appoint former Chancellor

D. Gerhard Schröder to cut the funds for equipping his office in the German Bundestag and to put the office on hold.

This decision is illegal.

We have therefore filed a lawsuit with the administrative court in Berlin.

We are only making this one statement in the hope that the legal issues raised will only be discussed in court and not via the media, also in the interests of the defendants.

Those responsible determined new rules to legitimize the now contested decision.

However, clarifying the underlying facts in advance, at least according to their own new standards, was not worth the effort.

Instead, it is claimed that former Federal Chancellor Gerhard Schröder no longer takes on the so-called "after-effects of official duties".

However, it is not specified what "long-term official duties" actually are, how their perception or non-perception is to be determined and what procedure is otherwise to be observed.

The whole process is written on the forehead that other reasons than those given by the "new rules" were decisive for the decision of the budget committee.

Decisions of this kind, which in terms of the way they were made are more reminiscent of an absolutist princely state, must not endure in a democratic constitutional state.

The decision is arbitrary.

Their mere acceptance and unchecked acceptance cannot be considered.

Former Federal Chancellor Gerhard Schröder was not given the opportunity to comment before the decision was made, nor was he given any other legal hearing.

The procedure must finally be conducted according to the principles of the rule of law and the matter then decided by the court if necessary.

Communication via the media, which has characterized the previous procedure, should therefore no longer take place until the administrative court has decided on the matter.”

Schröder sues Bundestag and wants privileges back: comparison with “absolutist princely state”

The whole process is "written on the forehead that reasons other than those specified by the "new rules" were decisive for the decision of the budget committee".

Such decisions are more reminiscent of an absolutist princely state "in terms of the way they came about" and should not last in a democratic constitutional state, Schröder's lawyers explained.

The former chancellor has been heavily criticized for his commitment to Russian energy companies and his closeness to Russian President Vladimir Putin.

However, the budget committee did not justify the partial cancellation of Schröder's privileges with his work for the energy companies or his attitude to the Ukraine war.

Rather, the “equipment of former chancellors should be carried out according to the ongoing obligations from the office,” says the regulation. 

Apparently, the parliamentarians could not see this in Schröder.

Last year, more than 400,000 euros flowed from the state treasury for personnel expenses in Schröder's office.

Schröder will continue to receive his pension of 8,300 euros after the decision, as well as personal security.

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Schröder is suing the Bundestag and wants privileges back - party exclusion was previously rejected

Chancellor Olaf Scholz (SPD) welcomed the decision in May as "logical".

In the context of the decision, the European Parliament had spoken out in favor of sanctions against Schröder with a large majority.

It was only on Monday that the SPD arbitration committee in Schröder's hometown of Hanover rejected the expulsion of the former chancellor from the party.

Schröder's Hanoverian lawyer is considered one of the most renowned criminal lawyers in Germany.

He represented, among others, the former Federal President Christian Wulff.

Schröder sues Bundestag - CSU: Lost all sense of decency

The CSU has denied former Chancellor Schröder any decency because of his lawsuit.

"Gerhard Schröder has lost all sense of decency," wrote CSU General Secretary Martin Huber on Twitter on Friday.

"As a Putin lobbyist, he definitely does not represent German interests.

For this he wants special rights at the expense of the taxpayer?

Brazen!” He added: “But he is still very welcome in the SPD.”

Schröder is suing the Bundestag - FDP: "He is clearly acting against Germany's interests"

The FDP in the Bundestag has defended the Bundestag decision to withdraw Schröder's special rights.

"The budget committee rightly withdrew Gerhard Schröder's office and staff positions," explained Stephan Thomae, parliamentary manager of the FDP parliamentary group.

The official equipment is intended so that the Federal Chancellor can continue to carry out tasks for the country after their term of office.

"The exact opposite is the case with Mr. Schröder, he is clearly acting against Germany's interests," emphasized the FDP politician.