Dissenters

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As dissenters particularly in politics MPs called the vote when voting against the predefined fraction line. Officially, MPs in Germany are not subject to parliamentary groups , but are, according to Article 38 of the Basic Law, “not bound by orders and instructions and only subject to their conscience”. Nevertheless, in most of the votes those who vote differently stand out. Possible sanctions against suspected deviants include threatening them to be given a hopeless or no place on the list at the next election . Another way of getting potential deviants to vote in a closed manner is to link factual decisions with the question of trust .

The word “deviator” is intended to convey a negative connotation .

Germany

In its judgment of July 14, 1959, the Federal Constitutional Court dealt fundamentally with the question of the right to speak of individual members of parliament in the plenary session of the German Bundestag with regard to their constitutional status from Article 38, Paragraph 1, Sentence 2 of the Basic Law: 38 gives each member of the Bundestag a certain degree of independence within the Bundestag. This independence consists not only in the fact that he can exercise his voting rights freely, but also that he can independently exercise his right to speak in the plenary of the Bundestag. "The judgment of the Federal Constitutional Court was made by the Wüppesahl judgment of 1989 and the" judgment on groups - and parliamentary group status ”of the PDS from 1997 confirmed.

In the Berlin House of Representatives in 2011, the MPs Pavel Mayer and Fabio Reinhardt (both at the time the Pirate Party ) worked together with the former Bundestag member Thomas Wüppesahl , who is now a political advisor, to develop proposals to strengthen the status of individual MPs and small parliamentary groups. In the previous legislative period, some members of the parliamentary groups resigned. The motions were dealt with in the constituent meeting on October 27, 2011 and rejected by parliament. The pirates then submitted an opinion on March 28, 2012 by constitutional lawyer Christian Pestalozza .

During the debate on the euro rescue package , President Norbert Lammert gave the two members of the coalition Klaus-Peter Willsch (CDU) and Frank Schäffler (FDP) the floor for five minutes each. This led to displeasure with Lammert. Lammert had referred to the standard commentary on the rules of procedure of the Bundestag and to the "Wüppesahl judgment" of the Federal Constitutional Court of 1989, which the independent MP Thomas Wüppesahl had fought against the view of the Bundestag.

The government directors Oliver Borowy and Karsten Witt, Department of Parliamentary Law, prepared an opinion in October 2011, which was distributed to the parliamentary groups in the Bundestag as a decision-making aid. It says: “From the emphasis on the right to be able to make independent use of the right to speak in the plenary of the Bundestag, it follows that it is not possible to structure the right to speak in accordance with group law and, for example, assign it to the parliamentary groups at their sole disposal. This is not affected by the fact that, according to current parliamentary practice, a total speaking time is set for each item on the agenda and then distributed proportionally to the strengths of the parliamentary groups, who then name 'their speakers'. "

Furthermore, they write: “In the so-called Wüppesahl judgment, the Federal Constitutional Court of 1989 points out that the autonomy of the rules of procedure with a view to Article 38.1 sentence 2 of the Basic Law must always respect the right of non-attached MPs to speak. He must have the opportunity to speak to the matter, since in the perception of his position, unlike members of parliamentary groups, he cannot be represented by group colleagues. This suggests (...) that a member of parliament belonging to a parliamentary group should at least have the right to speak if he or she wishes to express a dissenting opinion. In this situation, where he only speaks for himself, he is equal to the non-attached MP. "

On March 22, 2012, the Committee on Rules of Procedure recommended that the Bundestag's rules of procedure be changed ; the President of the Bundestag could “give the floor for three minutes, as a rule”; beforehand he should have “consulted with the parliamentary groups”. In addition to the statements of dissenters, "personal statements" on votes would also be affected, the maximum duration of which of 5 minutes, in the opinion of the political groups, was too often exhausted , especially by members of the Left . Jörg van Essen (FDP) and Peter Altmaier (CDU), supported by the SPD, were responsible for the draft . A vote in the Bundestag was scheduled for April 26, 2012. It was withdrawn by the parliamentary managing directors for the time being because of criticism of the proposed new regulation. The President of the Bundestag himself was one of the opponents.

Web links

Wiktionary: Deviants  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ BVerfG - BVerfGE 96, 264 - Organstreit proceedings - PDS group status (17.09.1997). In: Wahlrecht.de. Retrieved April 8, 2018 .
  2. ↑ Iris Marx: Top or Flop? The pirates after the first grace period. In: RP online , January 18, 2012 ( online ( Memento from December 4, 2015 in the Internet Archive ))
  3. ↑ www.berlinerumschau.com  ( page no longer available , search in web archives )@1@ 2Template: Toter Link / www.berlinerumschau.com
  4. ↑ Heribert Prantl: Right to speak in the Bundestag - parliamentary groups plan muzzle for MPs. In: sueddeutsche.de. April 14, 2012, accessed December 17, 2014 .
  5. ↑ Thorsten Denkler, Berlin: President of the Bundestag in the criticism - Lammert against all. In: sueddeutsche.de. September 29, 2011, accessed December 17, 2014 .
  6. ↑ Jost Müller-Neuhof: Silent deviants would be the end of democracy. In: tagesspiegel.de. Retrieved December 17, 2014 (undated).
  7. ↑ Karsten Witt: Right to speak of "deviants". Parliamentary Law Division, PD 2, German Bundestag, October 14, 2011
  8. ↑ Günter Bannas, Berlin: Deviants are also allowed to talk for a long time. In: FAZ.net . April 16, 2012, accessed December 17, 2014 .
  9. ↑ Thorsten Jungholt: How the FDP capitulated in the dispute over the right to speak. In: welt.de . April 19, 2012, accessed December 17, 2014 .
  10. ↑ voting at 19:55: circumcision of turn in the public is to be adopted to the exclusion ( Memento of 21 May 2012 at the Internet Archive ) on secondment watch
  11. ↑ Ulrich Schulte: Right to speak in the Bundestag: But rather free your face. In: taz.de. April 16, 2012, accessed December 17, 2014 .
  12. ↑ Right to speak for dissenters: parliamentary groups consider muzzle. In: n-tv.de. April 12, 2014, accessed April 8, 2018 .