faq
In the spring of last year, the Budget Committee of the Bundestag revoked former Chancellor Schröder’s right to an office and employees. On the other hand, he defended himself in court. What are his chances?
the initial situation
Gerhard Schröder was Chancellor from 1998 to 2005. After the end of his tenure, he was given an office and staff. The funds for this came from the state treasury. This corresponds to decades of practice: Former chancellors should be able to carry out ongoing tasks from their previous office.
In May 2022, however, the budget committee of the Bundestag decided to “put the office on hold”. The staff should perform other tasks. It all happened at a time when Gerhard Schröder was being heavily criticized for his closeness to Russia’s President Vladimir Putin. Now the former chancellor is complaining to the administrative court in Berlin about the cut in funds for the office and employees. Today is the hearing.
What is Schroeder asking for?
The Chancellor a. D. demands that the Bundestag restore its special rights, some of which have been revoked. That means he wants a former chancellor’s office again with the previous material and job equipment. The claim results from previous state practice, customary law that has arisen and the principle of equal treatment from Article 3 of the Basic Law.
All former chancellors have so far been given an office for life, without it being determined whether and for how long they have performed ongoing tasks from their office. In addition, he continues to take on such tasks.
How is the withdrawal of special rights justified?
The defendant argues, among other things, that there is no violation of Article 3 of the Basic Law, since Schröder – who has not been Chancellor for 17 years – no longer has any ongoing obligations from his office. The decision was not justified with Schröder’s work for the energy companies or his attitude to the Russian war in Ukraine.
What chance does Schroeder have?
Schröder should have a right to the office and its employees. This means that there should be a legal basis for such equipment for former chancellors. The Federal Budget Code expressly excludes a claim. There it says in paragraph 3 paragraph II: “The budget plan neither establishes nor cancels any claims or liabilities”.
Joachim Wieland, Professor of Public Law at the German University for Administrative Sciences Speyer, is certain: “No customary law can be formed against this legal prohibition. Rather, the state may not give away money. It can therefore only finance an office if it has a benefits for the general public. If this has not been taken into account in the past, it is urgently needed now.”
When assessing whether the financing of an office is in the public interest, the budget legislator has a wide discretion. The principle of equality in Article 3 of the Basic Law certainly allows for different treatment, depending on how the assessment turns out in concrete terms.
The Federal Chancellery is then bound by the respective decision. “Under no circumstances”, according to legal scholar Wieland, “is there any right to an office being made available for life”. The professor of public law therefore sees no chance of success for Schröder in court.
Has there ever been a case like this?
It is unique for a former chancellor to fight for his office in court 17 years after leaving office. There have not been any comparable cases to date.
How is the negotiation going?
The hearing of the Berlin Administrative Court begins at 9.30 a.m. According to the court spokesman, a decision on the same day is possible.
The decision is likely to meet with widespread interest – not least because other former representatives of Germany will also be given offices after leaving. Federal Presidents, for example, have been given extensive equipment to run an office for life. In the case of the President of the Bundestag, the provision is limited to four years.