Karlsruhe on Bundestag committees: AfD urgent application rejected

The AfD parliamentary group is entitled to chair three committees in the Bundestag – but their candidates were not elected twice. The AfD has sued against this. The Federal Constitutional Court has now rejected the party’s urgent application.

In three Bundestag committees, the AfD has to continue to do without the chairmanship for the time being. The Federal Constitutional Court has rejected an application in an expedited procedure with which the AfD parliamentary group wanted to use their unelected candidates for the time being.

In the main, the judges in Karlsruhe still have to make a final decision on the application. The fact that the rights of the AfD group were violated cannot be completely ruled out, they said.

Not elected twice

The AfD could usually have appointed chairmen in the interior and health committees and in the committee for development cooperation. In the event of an objection, they must be selected.

However, the AfD candidates were not elected in the first ballot on December 15 and in the second ballot on January 12. The AfD sees this as a breach of custom. That’s why she sued.

Another process is still ongoing

In the previous election period, AfD MP Stephan Brandner was elected chairman of the legal committee in a secret ballot, but was recalled in November 2019. This process is also the subject of proceedings at the Federal Constitutional Court.

The court also rejected an urgent application in May 2020 when it came to the question of whether Brandner should be reinstated. The reason given at the time was that the AfD parliamentary group could have named another candidate.

principle of equal treatment

At the same time, the judges referred to the principle of equal treatment. The opposition should not be dependent on the goodwill of the majority.

The committees are renamed and appointed in each election period. The committees prepare, convene and chair meetings. The Council of Elders negotiates which faction chairs which committee.

If no decision is reached, there is an access order for the factions, depending on their size, in which they can alternately choose their committees. That was the case in September.