Bundestag bodies

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In addition to the Bundestag committees, there are several bodies in the German Bundestag . They fulfill control, advisory, and administrative or other functions that are prescribed for them by law or a resolution of the Bundestag. The following bodies exist in the 19th legislative period .

Study commissions

There are currently two study commissions on artificial intelligence and vocational training . A study commission is a working group that is not set up on a permanent basis and is intended to solve long-term questions in which different legal, economic, social or ethical aspects have to be weighed up. The establishment of a study commission is regulated in Section 56 of the Rules of Procedure of the German Bundestag (GO-BT). It says: (1) The Bundestag can set up a study commission to prepare decisions on extensive and significant issues. It is obliged to do so at the request of a quarter of its members. Section 46 (3) GO-BT allows each parliamentary group to send at least one of its members to the commission. According to Section 46 (4) GO-BT, the commission is obliged to submit a final report by the end of the election period . If this is not possible, an interim report should be submitted.

Parliamentary control body

The parliamentary control body controls the German intelligence services and appoints the members of the G 10 commission. The legal basis is Article 45d of the Basic Law and the Act on Parliamentary Control of the Federal Intelligence Service .

G 10 commission

According to Article 10 of the Basic Law, Paragraph 1, the secrecy of letters , post and telecommunications is inviolable. According to paragraph 2, restrictions on secrets are only permitted by law. The law on the restriction of letter, post and telecommunications secrecy (G 10) fulfills this requirement. According to § 1 of this law, the control restrictions are incumbent on the parliamentary control body and the so-called G 10 commission. The G 10 Commission also receives complaints from citizens in connection with a restriction of secrets and carries out inspection visits to the German intelligence services . It is not necessary to be a member of the German Bundestag to be a member of the G 10 Commission. The chairman must be qualified to hold the office of judge (see § 5 DRiG ).

Committee according to Article 13 Paragraph 6 of the Basic Law

The apartment is inviolable according to Article 13 Paragraph 1 of the Basic Law. The acoustic monitoring of the apartment ( large eavesdropping ) is possible according to paragraph 3. According to paragraph 6, the Federal Government shall report to the Bundestag annually. The requirements for the report are regulated in § 101b StPO . Also in accordance with Article 13 (6) of the Basic Law, a body carries out parliamentary control on the basis of this report.

Franco-German working group on the Élysée Treaty

The Franco-German working group on the Élysée Treaty consists of 18 members, including nine members of the German Bundestag and nine members of the French National Assembly. The German members were constituted on March 1, 2018 under the chairmanship of Bundestag President Wolfgang Schäuble . The chairman is Andreas Jung (CDU / CSU). The establishment of the working group was decided on January 22, 2018 on the occasion of the 55th anniversary of the signing of the treaty on Franco-German cooperation (Élysée Treaty) by both parliaments. The working group is to work out a proposal for a "Franco-German parliamentary agreement".

Parliamentary Advisory Council on Sustainable Development

In the 12th session of the 17th German Bundestag on December 17, 2009, the request to set up a parliamentary advisory council for sustainable development of the CDU / CSU, SPD, FDP and BÜNDNIS90 / DIE GRÜNEN (printed matter 17/245) was accepted, and thus the Establishment of the current advisory board. The advisory board comprises 22 members of the Bundestag. Its tasks are to support the national and European sustainability strategies . In doing so, he can comment on draft laws, act in an advisory capacity and submit evaluations.

Federal funding body

The Bundestag elects thirteen members to the federal funding body. On January 1, 2018, it took over the duties of the previous financial market committee. The establishment of the federal funding body follows from Section 3 of the Federal Debt Management Act (BSchWG) and has three areas of responsibility. On the one hand, it exercises parliamentary control over the nature of the federal government's debt. The Federal Ministry of Finance informs it about all questions relating to the federal debt system. On the other hand, the federal government informs the body in accordance with Section 69a of the Federal Budget Code on all questions relating to the federal government's holdings in private-law companies and the administration of holdings by the federal government. Thirdly, as part of the parliamentary oversight task in accordance with Section 10a of the Financial Market Stabilization Fund Act and Section 16 of the Restructuring Fund Act, the Federal Finance Committee is briefed by the Federal Ministry of Finance in secret meetings on all questions relating to the Financial Market Stabilization Fund and the Restructuring Fund. The members of the Federal Financing Committee are obliged to keep all matters confidential that come to their attention in the course of their work.

history

In the context of the financial crisis of 2007/2008 and the crisis surrounding Hypo Real Estate at the end of September 2008, the federal government decided in October 2008 on a rescue package for the German banks with a maximum volume of 480 billion euros. The Financial Market Stabilization Act was passed on October 17, 2008. Following a motion by the CDU / CSU , SPD , FDP , Die Linke , Bündnis 90 / Die Grünen parliamentary groups on November 11, 2008 to set up the nine-member financial market committee in accordance with Section 10a (3) FMStFG, the members were elected by the German Bundestag on November 12, 2008 . The constituent session took place on November 28, 2008.

Trust body

The trust committee (also: committee according to § 10 paragraph 2 BHO) of the German Bundestag approves expenses of the federal intelligence services .

Electoral Committee

According to Article 94 of the Basic Law, the Bundestag appoints half of the judges of the Federal Constitutional Court . According to § 6 BVerfGG , a twelve-person committee is set up in plenary to prepare for the election, the members of which are determined according to the d'Hondt maximum number procedure. In order to be presented to the plenary as a nomination, a candidate needs the votes of eight of the twelve committee members. This is to ensure that constitutional judges are not elected politically unilaterally. As a rule, the two large parliamentary groups agree on a “package” with which an equal number of Union and SPD-related candidates are elected. Occasionally, a candidate is nominated and elected by the Greens and the FDP. In their case law, however, the constitutional judges have seldom ruled along the political line of the parties they nominated. The other half of the constitutional judges are elected by the Federal Council with a two-thirds majority.

Discussion about the election committee

Until the electoral procedure was revised by a law, the Federal Constitutional Judge was elected directly by the electoral committee. This approach was not without controversy. The judges themselves declared it constitutional on June 18, 2012. The President of the Bundestag, Norbert Lammert, wrote in an article in the FAZ on October 17, 2012: “[…] [I] m compared to the claims of the Federal Constitutional Court regarding general parliamentary responsibility in other matters, the decision is disappointing.” On the occasion of the ceremony for 65 years of the Basic Law On May 23, 2014 in the German Bundestag, Lammert named the circumstances surrounding the election of the Federal Constitutional Judge by the secretly meeting committee as "[...] both constitutional organs unworthy".

In the NPD ban proceedings from 2013–2017 , the NPD's lawyer filed a petition for bias against the judges of the Federal Constitutional Court because, according to the old legal situation, they were not elected by the plenary of the Bundestag but by the electoral committee.

Committee according to Section 23c (8) of the Customs Investigation Service Act

There is currently no body in accordance with Section 23c (8) of the Customs Investigation Service Act . In the previous legislative period, the Bundestag installed the body on January 30, 2014. It consisted of nine members and emerged from the committee according to § 41 paragraph 5 of the Foreign Trade Act (AWG). The Federal Ministry of Finance regularly informed the committee about restrictions on the secrecy of letters, post and telecommunications ( Article 10 of the Basic Law) by the Customs Criminal Police Office . The latter can limit the basic rights under Article 10 of the Basic Law in individual cases - after a court order - in order to prevent criminal offenses under the AWG and the War Weapons Control Act .

See also

Web links

Individual evidence

  1. ↑ other bodies. German Bundestag , accessed on January 4, 2019 .
  2. ↑ VII. Committees. (No longer available online.) German Bundestag , archived from the original on May 5, 2013 ; Retrieved May 5, 2013 .
  3. ↑ Parliamentary Control Committee (PKGr). (No longer available online.) German Bundestag , archived from the original on April 30, 2013 ; Retrieved May 5, 2013 .
  4. ^ G 10 Commission. (No longer available online.) German Bundestag , archived from the original on May 4, 2013 ; Retrieved May 5, 2013 .
  5. ^ Members of the G 10 commission. (No longer available online.) German Bundestag , archived from the original on May 4, 2013 ; Retrieved May 5, 2013 .
  6. ↑ Work and tasks. (No longer available online.) German Bundestag , archived from the original on May 4, 2013 ; Retrieved May 10, 2013 .
  7. ↑ Committee according to Article 13 Paragraph 6 of the Basic Law. German Bundestag , accessed on May 31, 2018 .
  8. ↑ Official minutes of the 12th session of the German Bundestag on Thursday, December 17, 2009. (No longer available online.) German Bundestag , archived from the original on November 21, 2010 ; Retrieved May 5, 2013 .
  9. ↑ Printed matter 17/245. (PDF; 65 kB) German Bundestag , December 16, 2009, accessed on May 5, 2013 .
  10. ↑ Parliamentary Advisory Council for Sustainable Development. (No longer available online.) German Bundestag , archived from the original on April 30, 2013 ; Retrieved May 5, 2013 .
  11. ↑ Printed matter 16/10835. (PDF; 44 kB) German Bundestag , November 11, 2008, accessed on May 10, 2013 .
  12. ^ Official minutes of the 186th session of the German Bundestag on Wednesday, November 12, 2008. (No longer available online.) German Bundestag , November 12, 2008, formerly in the original ; Retrieved May 10, 2013 .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.bundestag.de  
  13. ^ German Bundestag - Electoral Committee
  14. ↑ Electoral Committee. (No longer available online.) German Bundestag , archived from the original on April 30, 2013 ; Retrieved May 5, 2013 .
  15. ↑ Amendment of § 6 of the BVerfGG through Art. 1 of the Ninth Act amending the Federal Constitutional Court Act
  16. ↑ Guiding principle on the decision of the Second Senate of June 19, 2012 - 2 BvC 2/10 -
  17. ↑ First choice? FAZ.NET , October 17, 2012, accessed April 16, 2013 .
  18. ^ Speech by Norbert Lammert
  19. ↑ Christina Hebel and Dietmar Hipp: NPD prohibition procedure: Right Störfeuer. Der Spiegel , March 1, 2016, accessed on March 1, 2016 .
  20. ↑ Committee according to § 23c paragraph 8 of the Customs Investigation Service Act. German Bundestag , accessed on January 4, 2018 .