Peace election

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Peace elections are elections in which an election act is dispensed with because there is only one election proposal.

social insurance

The social security agencies are controlled by a meeting of representatives . This is chosen by the insured and employers . The legal regulations for these social elections permit peace elections .

  • Section 46 (2) SGB IV: "If only one list of suggestions is allowed from a group or if no more applicants are named than members are to be elected on several lists of suggestions, the nominees are considered elected."
  • § 28 SVWO: “(1) If no valid list of nominations is submitted from a group of voters or only a list of nominations is permitted, no voting takes place for this group of voters; This also applies if several proposal lists are approved, but no more applicants are named in them, as members are to be elected, or if more than one applicant is named for no elders in them. (2) If no voting takes place, the election committee shall determine the election result and make it public no later than the 107th day before the election day together with the determination that and why an election has not taken place. [...] (3) The applicants named in a proposal list or in several proposal lists in accordance with paragraph 1 are deemed to have been elected at the end of the election day. "

Such peace elections are repeated again and again on both the employers 'and the employees' side.

The possibility and practice of peace elections among the social security institutions has been confirmed by the highest court, but continues to be criticized as undemocratic and unconstitutional. Nevertheless, peace elections have a tradition that goes back more than a century.

Chambers of Crafts

The elections to the Assembly of Chambers of Trade are "(Annex C choice of procedure for the election of members of the general assembly of the chambers of crafts in the craft regulations ) - HwWahlO" regulated.

  • § 20 HwWahlO: "If only one nomination is allowed for the electoral district, the applicants named on it are considered elected without the need for an election."

With three exceptions, all elections have so far taken place as peace elections. Two elections were held because two nominations were allowed for the election of the employer; another related to the employee side.

A submission by the Federal Administrative Court on the constitutionality of the electoral provisions for the plenary assembly of the Chamber of Crafts was not accepted by the Federal Constitutional Court for decision, among other things. a. because it saw no need for legal protection after the end of the electoral term.

Chamber of Commerce and Industry

There were also early peace elections for chambers of industry and commerce . The Federal Administrative Court, however, declared this invalid because the IHK law stipulates that the members of the general assembly are elected, but a peace election is not an election. In the meantime, the possibility of a peace election has been removed from the Chamber of Commerce's election regulations.

Community and district representatives

The Federal Constitutional Court has abolished the possibility of peace elections in the "Election law for municipal and district representatives in Schleswig-Holstein (Municipal and District Election Act - GKWG) of March 25, 1959". From Article 28.1 sentence 2 of the Basic Law, the Federal Constitutional Court derived that elections must take place.

See also

Individual evidence

  1. ↑ Expert opinion on " History and modernization of social security elections " on behalf of the Federal Ministry of Labor and Social Affairs by Bernard Braun (University of Bremen), Tanja Klenk (University of Bremen), Winfried Kluth (University of Halle), Frank Nullmeier (University of Bremen), Felix Welti ( University of Applied Sciences Neubrandenburg), page 128
  2. ^ Raimund Wimmer in Neue Juristische Wochenschrift 47/2004
  3. ↑ Cf. Wolfgang Ayaß : Hundred Years and Even More ... On the History of Social Elections , in: Social Security 62 (2013), pp. 422–426.
  4. ↑ Bundestag printed paper 17/6844 (PDF; 106 kB) - the Federal Government's answers to a small inquiry from the DIE LINKE parliamentary group to questions 6 and 7
  5. ↑ BVerfG, 1 BvL 33/97 of November 13, 2000
  6. ↑ Decision BVerwG 5 C 2.79 of March 27, 1980, https://www.jurion.de/Urteile/BVerwG/1980-03-27/BVerwG-5-C-279
  7. ↑ § 5 Par. 2 IHKG (law for the provisional regulation of the law of the chambers of industry and commerce)
  8. ↑ Martin Will, Self-Administration of the Economy, 2010, page 432
  9. ↑ BVerfGE 13, 1 - Peace elections, para. 65