Budget public
Budget public is a constitutional principle that from the general principle of transparency of democracy follows and, as part of the budgetary principles provide that the state budget management (installation, detection and enforcement of the budget , accounting , audit and discharge ) always has to happen in public.
The possibilities of the citizen to information and public debate are by the Budget Act gebungsverfahren, the publication of the audit reports of SAIs guarantees and the Parliamentary discharge procedures.
As an exception, the three budget titles relating to the intelligence services can and must be kept secret. The individual titles are therefore not listed in the individual plans of the Federal Chancellery (with regard to the BND ), BMI (with regard to the BfV ) and BMVg (with regard to the MAD ).
In order to advise on the economic plans of the intelligence services, the budget committee of the Bundestag is assigned the trust committee according to § 10a BHO , which consists of members of the budget committee to be elected by the Bundestag.
The Federal Constitutional Court ( BVerfGE 70, 324 (358)):
“[T] he principle of budget publicity [applies] as a constitutional principle. It follows from the general public principle of democracy. But even in a democracy, as a look at the practice during the Weimar Imperial Constitution [...] and that of other democratic states [...] shows, it can be inevitable, for imperative reasons of the state's welfare, at least the disclosure of details to refrain from secret funds [...]. Art. 110 para. 1 GG does not require compliance with the principle of the public without exception. "
literature
- Klaus Grupp: Budget Law , in: Norbert Achterberg / Günter Püttner / Thomas Würtenberger (Eds.): Special administrative law. A teaching and manual , Vol. II: Municipal, budget, tax, regulatory, social, service law , 2nd edition, Heidelberg 2000, § 19, Rn 53. ISBN 3-8114-2045-3
Web links
- BVerfGE 70, 324, judgment of the Second Senate of January 14, 1986, Az. 2 BvE 14/83 and 4/84 - Budgetary control of the intelligence services
Individual evidence
- ↑ Trust body. Work and tasks. Accessed December 31, 2018 .
