Wyrok Drugiej Izby Federalnego Trybunału Konstytucyjnego Niemiec z dnia 18 września 2024 r. w sprawie powoływania i odwoływania przewodniczących komisji w Bundestagu – sprawy połączone 2 BvE 1/20 i 2 BvE 10/21

Abstract

Abstract

The judgment of the German Federal Constitutional Court (Bundesverfassungsgericht) of 18 September 2024 concerns two motions submitted by the Alternative for Germany group (Alternative für Deutschland), in connection with the removal of one of its members from the position of committee chair and the refusal to appoint candidates from the party to that position. The dispute concerned the scope of the parliamentary group’s rights arising from the principle of proportional representation, the effective functioning of the opposition, and the interpretation of the chamber’s rules of procedure. The Federal Constitutional Court of Germany ruled that the function of committee chair is purely organisational in nature and that holding that position does not fall within the constitutionally guaranteed rights of the parliamentary group. The Court also held that, due to the autonomy of the chamber, rights arising exclusively from its rules of procedure are subject only to limited review against the standard of the prohibition of arbitrariness. The motions were dismissed as partly inadmissible and unfounded in all other respects.