Non-attached MP
A non-attached MP is a member of a parliament that does not belong to any political group.
Members of the same party belonging to the same party usually form a parliamentary group. The Fraktionslosigkeit may arise from the fact that the total number of party members do not reach the minimum size for a private party Group when the deputy leaves the group or is excluded (see also non-party ) or at its option any party or voter community belonged.
In some parliaments, non-attached MPs organize themselves in a group . In the Italian parliament z. B. MEPs who do not belong to a political group are automatically members of the Gruppo Misto (mixed group), in the French National Assembly the non-attached MEPs organized in the réunion administrative des sénateurs ne figurant sur la liste d'aucun groupe (RASNAG) elect a speaker, who represents them to the Presidium of Parliament.
European Parliament
The MEPs in the European Parliament who do not join any of the parliamentary groups , since a minimum size of 25 MEPs must be reached here, are usually referred to as non-inscrits (NI, French: “not registered”).
German Bundestag
In the German Bundestag , the influence of non-attached MPs is far less than that of members of a parliamentary group or group : They cannot start legislative initiatives or request plenary debates from the council of elders . They can belong to Bundestag committees as advisory members with the right to speak and propose, but they are not allowed to vote. Their right to speak in plenary is also limited.
Due to the five percent hurdle and the basic mandate clause in federal elections, there are generally no non-attached members of the Bundestag. The last exceptions were the PDS MPs Gesine Lötzsch and Petra Pau , who won direct seats in 2002 but were unable to form a parliamentary group. Otherwise, non-attached MPs usually belonged to a parliamentary group beforehand. In the 18th German Bundestag sat with Erika Steinbach , a non-attached Members. She left the CDU / CSU parliamentary group on January 15, 2017 . In the 19th German Bundestag elected on September 24, 2017 , the MPs, Frauke Petry , Mario Mieruch , Uwe Kamann , Lars Herrmann and Verena Hartmann , who were elected for the AfD , and Marco Bülow, who was elected for the SPD , are non-attached.
Judicial decisions
The decisive decisions of the Federal Constitutional Court were the Wüppesahl decision in 1989 and the PDS decision in 1997. The decisions are also used in the assessment of the rights of so-called deviants in German parliaments.
In 1989, the non-attached MP Thomas Wüppesahl led an organ dispute before the Federal Constitutional Court . In a judgment of June 13, 1989, the latter decided that the denial of membership in a committee with the right to speak and propose - but without the right to vote - violated the right of the Member of Article 38.1 sentence 2 of the Basic Law. An “appropriate right to speak” of individual MPs was also established. Furthermore, since his decision, each individual MP has been able to intervene in the legislative process, regardless of whether he or she is part of a parliamentary group, by introducing amendments in the second reading. In addition, the Federal Constitutional Court ruled that the parliamentary committees must show the composition of the plenary in a smaller way and that the preparation of decisions and resolutions of the plenary presupposes the development of a majority decision-making basis. It would not be compatible with this if the political weighting within parliament were not reflected in the committees.
In 1997 the Federal Constitutional Court formulated the principle of mirror image even more clearly in the so-called Second PDS decision . In deviation from the procedure usually used for the composition of committees, there is expressly no improper use of the "procedural autonomy" of the rules of procedure of the German Bundestag .
Currently non-attached MPs in the German Bundestag
| Politician | Period | chosen for | comment |
|---|---|---|---|
| Frauke Petry | from constitution | AfD | did not join the parliamentary group, co-founder of the Blue Party |
| Mario Mieruch | from constitution | AfD | left the parliamentary group on October 4, 2017, later the Blue Party |
| Marco Bülow | from Nov. 26, 2018 | SPD | also resigned from the party |
| Uwe Kamann | from December 17th, 2018 | AfD | also resigned from the party |
| Lars Herrmann | from Dec. 18, 2019 | AfD | also resigned from the party |
| Verena Hartmann | from Jan. 27, 2020 | AfD | resigned from the party in December 2019 |
Austria
From August to November 2012, there were four members of the Austrian National Council , Robert Lugar , Erich Tadler , Gerhard Köfer and Elisabeth Kaufmann-Bruckberger , who were not affiliated with any party. They all belonged to the Stronach team. In November 2012 they received the club status for a new club through further influx.
After the 2013 National Council election , Monika Lindner was a member of parliament without a club for almost two months. She received her mandate for the Stronach team, from which she parted in the run-up to the election.
In August 2015, the member of the National Council Jessi Lintl (Team Stronach) left the party and became a “wild” member of the parliament. On November 2, 2015, Susanne Winter , a member of the National Council, was expelled from the FPÖ , after which she was also a “wild” member of the National Council. On March 1, 2016, Member of the National Council, Marcus Franz, left the ÖVP parliamentary club. Shortly before the 2017 National Council elections , the Stronach team left the club several times and the club of the Stronach team was dissolved, so that at the end of the legislative period 14 members without a club were represented in parliament.
In the 26th legislative period , Martha Bißmann was expelled from the club on the Now list in July 2018 , and Efgani Dönmez from the ÖVP club in September 2018 . Both then continued to belong to the National Council.
In the 27th legislative period , Philippa Strache entered the National Council as a non-attached MP on a mandate from the FPÖ and was expelled from the FPÖ on October 23, 2019.
Web links
Individual evidence
- ↑ What non-attached MPs are not allowed to do . Spiegel Online .
- ↑ Erika Steinbach's resignation from the CDU. In: Spiegel Online . January 15, 2017. Retrieved January 21, 2017 .
- ↑ tagesschau.de: AfD parliamentary group loses more members. Retrieved January 27, 2020 .
- ↑ a b c BVerfG, judgment of June 13, 1989, Az. 2 BvE 1/88, BVerfGE 80, 188 - Wüppesahl.
- ↑ a b BVerfG, decision of September 17, 1997. AZ 2 BvE 4/95, BVerfGE 96, 264 - parliamentary group and group status .
- ↑ Dr. Monika Lindner resigns from the National Council .
- ↑ Jessi Lintl leaves Team Stronach . orf.at, August 11, 2015; accessed on August 11, 2015.
- ^ Anti-Semitism scandal among Austria's freedom leaders . NZZ .ch, November 3, 2015.
- ↑ Marcus Franz leaves the ÖVP after Merkel-Sager . derStandard.at, March 1, 2016; accessed on March 1, 2016.
- ↑ Strache excluded from the FPÖ. In: ORF.at . October 23, 2019, accessed October 23, 2019 .
