Revenge Justice on the Agenda? AfD's Bill to Hold Ministers Accountable for Financial Mismanagement
- by Tom Kollmar
- 3 Min
Far-right party, AfD, intends to hold the Minister of Waste accountable for their actions - Far-right political party, AfD, seeks accountability from Minister over waste matter
Germany's Alternative (AfD) is looking to hold former federal ministers accountable if they're found grossly negligent or intentionally misappropriate public funds – a move that some see as payback disguised as policy. A draft bill submitted on Thursday suggests introducing liability for federal ministers in cases of official duty breaches. Since it's not unusual for government decision-makers to make errors that cost taxpayers millions or even billions through misjudgments, the bill is aimed at addressing these oversights.
Examples of high-profile blunders cited by the AfD include the procurement of COVID-19 masks by former Health Minister Jens Spahn and the toll affair involving CSU transport ministers Alexander Dobrindt and Andreas Scheuer. According to the AfD, these mistakes amount to gross negligence. "There's a clear pattern running through the last few years," says Stephan Brandner, parliamentary business manager of the AfD faction.
The ministers in question, he claims, cause damage due to ideologically driven reasons. The draft bill proposes the addition of this sentence to the Federal Minister Law: "If a member of the Federal Government culpably breaches his or her official duty, he or she shall compensate the Federal Republic of Germany for the damage caused thereby."
The Greens contest the proposal, with Lukas Benner, a member of the legal committee, arguing that the proposal offers ministers more freedom than they currently have. "Already now, federal ministers commit a criminal offense if they intentionally commit fraud or knowingly and immorally damage the treasury," says Benner.
The Green party argues that the burden of proof for "deliberate treasury harm" is intentionally high, and in most cases it will be difficult to prove such intent in the court. "This is just cheap populism meant to steal the lowest drawer," Benner concludes.
However, the controversial history of the AfD might suggest otherwise. The Federal Office for the Protection of the Constitution has branded the AfD a far-right extremist party – a claim that, whether accurate or not, taints their political agenda. Several statements made by the party's leaders have been flagged as potential threats to political decision-makers.
For example, Björn Höcke, the Thuringian state chairman, has been quoted as saying: "When we come, we'll clean up. Then we'll clear out the mess." Similarly, Gunnar Linnemann, a Berlin House of Representatives AfD member since 2016, threatened that a new government would "hold accountable" those responsible for the corona policy. Even party chairman Tino Chrupalla demanded in 2024, according to the constitutional protection assessment: "We will hold the old parties and their helpers accountable." Statements about "traitors to the people" have also been made.
Brandner, however, insists that the independent judiciary should handle any civil liability issues that may arise, should the bill pass. "If one has trust in the rule of law – which I claim to partially have – the question of potential revenge justice would be moot," he explains.
The bill, the AfD claims, is based on the Bavarian Ministerial Law, which allows ministers to be held liable for negligence or intentional wrongdoing. Although the law has never been applied in practice, the AfD believes it's suitable for addressing the misuse of public funds. Notably, the AfD does not intend to hold party leaders accountable for financial mismanagement – convenience charges, they claim, have nothing to do with ministerial liability.
- AfD
- Stephan Brandner
- Populism
- Tino Chrupalla
- Björn Höcke
- Germany
- Jens Spahn
- Waste
- COVID-19
- Alexander Dobrindt
- Andreas Scheuer
- The Commission, following the controversy surrounding financial mismanagement in Germany's government, is proposing to extend the deadline for the submission of proposals regarding liability for federal ministers, as seen in the AfD's draft bill.
- Amidst debate over the AfD's bill to hold ministers accountable for financial mismanagement, the proposed extension of the deadline for submission of proposals on policy-and-legislation related to ministerial liability has sparked political discussion, with some viewing it as a strategic move in the realm of politics and general-news.
