BSW's Constitutional Claim Over Federal Election Law Under Scrutiny
Federal constitutional challenges mounted by BSW on the formulation of the federal electoral law have been unsuccessful - Constitutional lawsuits handed down defeat for BSW
The Constitutional Court tossed out BSW's objections, stating that the party hadn't provided sufficient evidence to suggest an infringement of its equal rights. BSW narrowly missed securing a spot in the federal parliament with 4.98% in the February 23 election.
Back in March, the party had already been turned down on several urgent appeals seeking a pre-results vote recount. Challenges to election results are normally filed with the Bundestag after official results are released. BSW has lodged such a complaint, and the review process is currently underway.
Simultaneously, BSW advanced two constitutional complaints against the architecture of federal election law. The court has now dismissed these. BSW's demand for the implementation of a vote-recount legislative remedy upon on-threshold narrow failures was explained as a mere assertion of a legislative oversight. There was no legislative discussion or rejection of relevant proposals. Furthermore, the court found it unclear from a constitutional perspective what exact action the Bundestag should take in this situation.
The Basic Law only lays the groundwork for election law, leaving the legislature considerable latitude in its design. Only compelling constitutional reasons can merit election law reform recommendations to the Bundestag. The court noted the existence of existing postal voting and review procedures for verifyingvote manipulation allegations.
BSW's opinions concerning ballot order regulations were deemed beyond the existing legal situation and factually incorrect. The party's argument that it is disadvantaged is excluded from context to this demand for a better standing compared to other parties.
Post-ruling statement by BSW co-leader Amira Mohamed Ali cited the Federal Constitutional Court as directing BSW via the Bundestag election review committee. The Bundestag must "finally take action", Ali stated.
The court made no definitive statement on whether BSW is entitled to a vote recount. What they did establish is the possibility of a constitutional complaint regarding the election review if the Bundestag's election review committee doesn't make its decision within a reasonable time frame. Ali expressed dissatisfaction that the committee remains unconstituted.
If the BSW's conjecture holds true, based on their research, they believe a recount would secure their parliamentary seat.
Founded by party patriarch Wagenkнеcht, BSW split from The Left. Though initially gaining considerable support, a parliamentary debut failed in the federal election. If BSW had joined parliament eventually, the current black-red federal government could have lost its majority.
- Bundestag
- Constitutional Complaint
- Design
- Sahra Wagenknecht Alliance
- Constitutional Court
- Federal Constitutional Court
- Karlsruhe
- Federal Election
- Mohamed Ali
- Exhaustion of Remedies
- Substantiation
- Formal Requirements
- European Court of Human Rights
- Litigation Strategies
- Reform Advocacy
- APO (The Left Party)
- The Sahra Wagenknecht Alliance (BSW) has filed a constitutional complaint with the Federal Constitutional Court in Karlsruhe, claiming a legislative oversight in the design of federal election law, specifically demanding a vote-recount legislative remedy upon on-threshold narrow failures.
- The policy-and-legislation aspect of the BSW's constitutional complaint pertains to the politics surrounding the general-news of the federal election, as the party is advocating for reform, particularly in the area of election laws, based on the reasons provided for the dismissal of their complaint.
