Urgent motion

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An urgency motion is a motion that is only put on the agenda after a decision- making body has been convened .

Association law

The items on which a decision is to be made in the general assembly must already be specified in the invitation to the relevant assembly under German association law ( Section 32 (1) sentence 2 BGB). The right of the association member to be informed in good time about the issues pending resolution is a central membership right. As a rule, it depends on the agenda whether a member considers the items to be resolved to be so significant that he or she takes part in the meeting or not. Resolutions on applications that were not listed in the written invitation are therefore void.

The association's statutes can, however, stipulate that certain motions may still be placed on the agenda after they have been convened. These are in particular the so-called urgency motions. In order to preserve the basic idea of ​​§ 32 BGB, however, these cannot be applications that affect the association in its existence, such as amendments to the statutes, mergers or even the dissolution of the association.

In an association , members can respond to current events on the agenda with an urgency request. It enables them to submit a request after the invitation with the dispatch of the agenda, with the note that it is "urgent" and "in need of special hurry", which is why one cannot wait until the next ordinary general meeting . The general assembly must decide at the beginning of the assembly about urgent requests. If a corresponding majority agrees to the urgency, the assembly is obliged to deal with the request immediately. If the majority cannot be reached, the motion for deliberation is placed on the agenda of the next summoned meeting.

Constitutional law

The handling of urgent motions is regulated in the rules of procedure of the Bundestag , the Bundesrat and the state parliaments and the municipalities .

According to Art. 60, Paragraph 4, Clause 2 of the Rules of Procedure for the Bavarian State Parliament, a motion is urgent if it would become irrelevant if dealt with in the procedure provided for in principle .

Individual evidence

  1. ^ OLG Zweibrücken, NJW-RR 2002, 829
  2. ↑ BGHZ 99, 119
  3. ↑ Harald Richter: Invalidity of resolutions of the general assembly in the event of insufficient convocation of the general assembly ( memento of the original from April 21, 2015 in the Internet archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. 2009 @1@ 2Template: Webachiv / IABot / www.blsv.de
  4. ↑ Section 20, Paragraph 2, Clause 3 of the Rules of Procedure of the German Bundestag in the version of the announcement of July 2, 1980 ( Federal Law Gazette I p. 1237 ), last amended according to the announcement of April 23, 2014 ( Federal Law Gazette I p. 534 )
  5. ↑ Example: No to the death penalty in the USA to prevent the execution of Mumia Abu-Jamal . BT printed matter 17/236 of December 15, 2009
  6. ↑ § 23 Rules of Procedure of the Federal Council (GO BR) in the version of the announcement of November 26, 1993 ( Federal Law Gazette I p. 2007 ), last amended by resolution of the Federal Council of June 8, 2007 ( Federal Law Gazette I p. 1057 ) (Federal Council -Print 310/07)
  7. ↑ Rules of Procedure for the Bavarian State Parliament (BayLTGeschO) in the version published on August 14, 2009, GVBl 2009, p. 420
  8. ↑ Example: Urgency application of March 11, 2015 , Bavarian State Parliament, printed matter 17/5720 on the sale of books at the Otto Schäfer Museum in Schweinfurt