Defeat to Afti: The Federal Constitutional Court has rejected two urgent movements of the party in connection with failed attempts to secure the post of vice-president in the Bundestack. The Karlsruhe court said they were unacceptable. AfD cannot specifically order what is demanded in the organ dispute.
During the current legislative period, all candidate Afti MPs have lost the required majority – after all, the parliamentary committee went to the Federal Constitutional Court by the end of 2020. According to the rules of procedure of the Bundestack, each parliamentary committee is entitled to at least one seat in the Presidium. However, the members of the Presidium must be elected by the MPs.
The AfD saw its rights being violated after rejecting its proposals: the Bundestag must have made arrangements before the vote to avoid the election “for irrelevant reasons”.
The AfD parliamentary committee and Bundestag’s AfD member Fabian Jacobi wanted to use an urgent application to the Federal Constitutional Court to create new rules for the vice presidential election so their candidate would not go empty-handed. Otherwise, your right to the fair and faithful application of the Rules of Procedure and the Loyalty Policy for Organs will be violated.
In his application, AfD member Jacobi demanded that every member of the Bundestag have the right to nominate their own candidate for the vice presidency of the Bundestag and to get this vote at least from the second ballot.
The only parliamentary committee without a deputy in the Bundestag Presidium
But the Federal Constitutional Court said in its judgments that the emergency movements were unacceptable and unreasonable enough. For the time being the court refused to force Parliament to make changes. AfD wanted a new and generally valid practice law that was not developed in emergency practice. Emergency procedure is about protecting temporary rights – but there is no “urgent need” here.
In principle, this element could achieve certainty that its rights had been violated in the dispute, but the court explained – but it was not Bundestack’s obligation to set new rules for future voting on AfD proposals.
The AfD is the only non-parliamentary parliamentary group in the Bundestag Presidium at the end of the election period. The other parties rejected the required majority for all six candidates.
On November 10, 2021, the Federal Constitutional Court will examine whether electing a Bundestack vice president from a second round of voting would violate the right of an individual member to vote for their own candidate.