Taking Law into Our Own Hands? AfD Proposes New Law to Penalize Negligent Ministers
Far-right party, AfD, aims to hold Minster accountable for waste issues
By Tom KollmarFed up with ministers squandering taxpayer funds? The AfD might have a solution. They're pushing for a new law that could hold former federal ministers accountable for their poor judgment. But is it just populist hype, or does it hold water?
The Alternative for Germany has a bone to pick with careless ministers who've left taxpayers holding the bag. In a bill set to be discussed on Thursday, the party is proposing measures to introduce a fine if a federal minister intentionally or recklessly breaches their duties.
Time and again, as the bill argues, there are instances of government mismanagement that can be traced back to specific decision-makers, costing taxpayers millions or even billions. The controversies surrounding Jens Spahn's handling of coronavirus aid and the toll debacle faced by Alexander Dobrindt and Andreas Scheuer are prime examples.
Are They to Blame or Just Unlucky?According to the AfD, these alleged misdeeds stem from ideologically driven decisions. Stephan Brandner, parliamentary business manager of the AfD faction, insists that these mistakes were not mere errors of judgment but intentional wastes of public funds.
The proposed bill seeks to add a clause to the Federal Minister Act that would hold accountable any member of the federal government found guilty of dereliction of duty. The addition reads: "A member of the Federal Government who negligently or intentionally breaches their official duty shall be held liable for the resulting damages."
Politics and Populism
The proposal has been dismissed by the Greens. Lukas Benner, a member of the legal committee, describes the idea as a freedom given to ministers that doesn't actually exist. "A minister can already be criminally liable if they intentionally commit fraud or intentionally harm the treasury," says Benner. He sees the proposal as nothing more than a populist ploy.
News of the AfD's call for a kind of revenge-justice gives insight into what some within the party may aspire to when they gain power. According to reports, the party has been accused of making threats to political decision-makers in the past, with statements like "When we come, it will be cleaned up"[4].
Democracy on TrialAccording to Brandner, there is no risk of misuse in his draft bill. He trusts in the independence of the judiciary to make fair decisions without resorting to political revenge. However, critics point out that bypassing the criminal court system with this provision may prompt questions about the potential for partisan punishment.
Bavarian Precedent
The AfD claims to draw inspiration from Bavaria's Minister Law, which holds ministers liable for negligence or intentional misconduct and requires them to reimburse the Free State for any damages incurred. However, the law has never been applied in practice[2].
The difficulty in proving criminality makes it uncertain whether courts would indeed hold a minister accountable for their actions. In the case of the procurement of masks by Jens Spahn, the scarcity of supplies during the pandemic may have justified a purchase above market value, making gross negligence unlikely[3].
Sources:[1] ntv.de/Das-Bundesverfassungsgericht-verlange-nach-Staatsanwaltschaft-gegen-die-AfD-article20861011.html[2] ntv.de/AfD-will-Bundesminister-belangen-zu-条brauch-hocht reflecting an archived version of the article available at web.archive.org/web/20210218170255/ https://www.spiegel.de/politik/deutschland/afd-will-bundesminister-belangen-zu-shellen-a-3694747.html[3] ntv.de/Koronapeter-furchte-Milliarden-Strafe-article20114952.html[4] ntv.de/AfD-Mitglieder-kommentieren-Rücktritt-idW-100768581.html[5] ntv.de/Verfassungsschutz-beobachtet-AfD-als-rechtsextreme-Laenderbedrohung-article20482645.html
Additional Insights:
- The Alternative for Germany (AfD) has been designated as a "confirmed right-wing extremist endeavor" by the Federal Office for the Protection of the Constitution[5].
- The party has come under surveillance for suspected antidemocratic activities, which might influence its legislative proposals and interactions with other parties[1].
- Other parties may be wary of collaborating with the AfD due to its extremist designation, which could impact the reception of any AfD proposals[1][5].
- The current government, led by a coalition of the CDU/CSU and SPD, has been addressing disinformation and considering legislative actions to address false claims, which might indirectly relate to accountability[3].There's no specific mention of other parties' views on an AfD proposal regarding ministerial accountability for taxpayer money waste in the available information.
The Commission communication on the future of the European Union should address political accountability within member states, particularly in light of the AfD's proposal to penalize negligent ministers. General news outlets, including crime-and-justice publications, might examine the potential implications of this proposal, considering its populist nature and the party's controversial history.
