Corona rule in the Bundestag: AfD urgent application against 2G-Plus fails

Status: 10.03.2022 6:33 p.m

The Federal Constitutional Court has rejected an urgent application by the AfD parliamentary group against the 2G Plus rule in the Bundestag. The party had argued with a “two-class system”. The judges could not understand this.

By Max Bauer, ARD legal department

At the peak of the omicron wave at the beginning of January 2022, the Bundestag also tightened its corona rules, and 3G became 2G-Plus. Since then, MPs who have not been vaccinated and who have not recovered have only been able to take part in plenary and protection sessions in a tested manner and in designated grandstand seats. On the other hand, the AfD faction complained in summary proceedings. Their reasoning: effective opposition work is not possible for the members of the AfD parliamentary group. The AfD even sees 2G-Plus as a “completely new two-class system in German parliamentarianism”.

The court sees no serious disadvantages

The urgent application by the AfD parliamentary group has now failed before the Federal Constitutional Court. The court sees no serious disadvantages for the parliamentary work of the AfD MPs and no need for an emergency order. There is no threat of a “two-class society” in Parliament. 2G-Plus applies equally to all members of the Bundestag, regardless of whether they belong to the parliamentary majority or minority.

Although this is an urgent decision, the Federal Constitutional Court dealt with the complaints of the AfD in great detail: AfD MPs could also exercise their speaking, voting and motion rights from the stands. And even if the AfD argues that “murmurs, murmurs or the whole atmosphere in the hall” cannot be heard from the stands of the plenary hall, that does not speak against equal participation in parliamentary work.

The Bundestag has limited the 2G Plus regulation to 13 March. The practical significance of the proceedings initiated by the AfD is therefore low.

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