Brandenburg's State Constitutional Court Dismisses Free Voters' Appeal for Parliamentary Group Status
In a recent decision, the State Constitutional Court of Brandenburg refused to uphold the Free Voters' urgent application to maintain their parliamentary group status following the departure of a member to the AfD's parliamentary group. The court asserted that the parliamentary group dispute was inconsequential in the main proceedings, as disclosed on Monday (case no.: 16/23 EA).
Matthias Stefke, a Free Voters Member of Parliament (MP), expressed disappointment over the court's interim legal protection proceedings decision but vowed to press ahead with group formation attempts. Stefke assured his commitment to fighting for group status in the comprehensive proceedings.
Despite the loss of parliamentary group privileges, such as increased speaking time and financial aid, the Free Voters remain determined to carry out their opposition roles in parliament. Stefke emphasized that criticism of the government should not solely originate from the political fringes (Left and AfD), alluding to the importance of a strong, central opposition force.
Philip Zeschmann, formerly an MP of the Free Voters' parliamentary group, switched allegiances to the AfD parliamentary group in November. Consequently, the remaining four Free Voters MPs petitioned the Constitutional Court, arguing that parliamentary groups could conceive with 5% of the second votes and four seats post-state election, as per unusual circumstances. The state parliament subsequently claimed that this stipulation is rare and overlooked the request.
The Constitutional Court declared that the parliament was responsible for applying the regulations governing the minimum parliamentary group size within the framework of self-organization, countering the Free Voters' argument. This decision has significant implications for the political atmosphere in the Brandenburg state parliament, potentially weakening the opposition force in the center.
Further Insights:
- Political Parties and the FDGO: Protecting the liberal democratic basic order (FDGO) is a paramount principle in Germany, ensuring the upholding of democracy and the rule of law. Any party or group posing a threat to this order may be subject to rigorous scrutiny and potential bans, as mandated by the Federal Constitutional Court and state offices for the protection of the constitution.
- Extremist Classifications: The Alternative for Germany (AfD) party has been designated as a "suspected extremist" organization by the Federal Office for the Protection of the Constitution (BfV) due to its nationalistic and far-right stance, conflicting with the Basic Law.
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Sources:
[1] Federation of German Scientists. “Federal Constitutional Court (BVerfG): Basic Law protects democracy and the rule of law.” Federation of German Scientists, 17 June 2019, . [2] Deutsche Welle. “German intelligence agency classifies AfD as 'right wing extremist'” Deutsche Welle, 27 Feb 2019, [4] Deutsche Welle. “Germany struggling to outlaw far-right party NPD” Deutsche Welle, 08 April 2016,
