Even before the committee of inquiry, the opposition is threatening further measures because of the mask affair. Specifically, the Greens bring a lawsuit for MPs into play, one of the heaviest artillery pieces in the Bavarian constitution – which has apparently never been used.
The committee of inquiry into the so-called mask affair has not yet started, as the Greens parliamentary group in the state parliament is already threatening legal action against MPs who may have abused their mandate in order to enrich themselves in the corona crisis. Specifically, the Greens bring a so-called MP lawsuit into play, which is likely to target Alfred Sauter, who left the CSU parliamentary group after allegations of corruption, but is still holding on to his state parliament mandate. “If the investigation committee confirms the suspicion that Mr. Sauter or other members of the state parliament have abused their influence or their knowledge, then in my opinion there is no way around the indictment being brought by the state parliament and their resignation,” said the Greens – Deputy Florian Siekmann on Monday the Süddeutsche Zeitung.
The MP’s lawsuit is one of the heaviest artillery pieces in the Bavarian constitution, but it has apparently never been used. According to Article 61, the indictment can be brought against a member of the state parliament who “has abused his influence or knowledge (…) in a way that grossly endangers the reputation of the parliament with profit-addicting intent”. At the end of the lawsuit, you could be expelled from the state parliament, but the legal hurdles are high. A third of the votes of all MPs are required to introduce the motion in the state parliament. Together with the votes of the SPD and FDP parliamentary groups, with which the Greens initiated the committee of inquiry, this quorum would have been met.
However, a two-thirds majority is required for the indictment to be brought. The three parliamentary groups would therefore have to rely on votes from the CSU parliamentary group. The Greens are apparently speculating that the CSU might be forced to vote for Sauter’s expulsion in the event of such a lawsuit, in order not to endanger its own credibility. Prime Minister and CSU boss Markus Söder had promised “full transparency” in the mask affair, CSU general secretary Markus Blume had announced “zero tolerance”. “Anyone who does business with the crisis flies,” said Blume.
The Munich Public Prosecutor’s Office is currently investigating Sauter, Georg Nüßlein, member of the Bundestag who has resigned from the CSU, and other suspects, among other things because of the initial suspicion of corruption and bribery of elected officials. Overall, it is about commissions in the millions. Sauter and Nüßlein reject all allegations of corruption. Payments for mask business had no connection to their parliamentary activities, they emphasize. The planned committee of inquiry in the state parliament should bring further clarification in the affair. The Green MP Siekmann said that the committee will probably be applied for in October.