hearing

from Wikipedia, the free encyclopedia

Hearing means a hearing by a body. In order to separate the hearing in this sense from the hearing in the legal sense , the term hearing is often used, especially in practice in politics, policy advice and lobbying . Nevertheless, the German term hearing or the term consultation can also be found in the relevant literature . With Hearing other things can be meant in German speaking countries, such. B. the term is sometimes used for interviews in the context of application tests. In Switzerland and the Principality of Liechtenstein, there is a similar form of consultation .

meaning

Hearings fulfill an important function in German democracy in the sense of pluralistic opinion-forming and especially in the context of corporatism . On the one hand, they are an important information and communication channel that brings scientists and experts together with functionaries and decision-makers. On the other hand, they enable relevant social groups to participate in democratic opinion-forming and decision-making. That is why hearings are not only organized by parliaments; associations also hold hearings if they B. Elaborate claim papers that are to receive a broader democratic legitimation.

A legal basis for hearings in parliament arises from the possibility of every citizen to obtain a legal hearing if they are affected by laws ("legal hearing" Article 103, Paragraph 1 of the Basic Law ; "hearing in administrative proceedings" § 28 VwVfG ; see also hearing ), which z. B. is very pronounced in public building law. This “right to be heard” can be transferred to the legislative process on the basis of constitutional principles.

At the European level, policy advice in general and hearings in particular are accorded great importance, as the formation of opinions and decision-making are highly complex:

"No matter how experienced decision-makers in Brussels are, they can claim to have an adequate overview of all the linguistic, legal, social, political and technical features of the 27 member states on their own."

Event form

The exact procedure of a hearing varies depending on the organization involved. However, hearings are usually carried out by an association, an institution or a committee to advise committee members and to involve external bodies in decision-making processes. Subject-related experts, experts, those affected, representatives of lobby groups, etc. are invited. The hearing can take place as a separate event or as part of a special committee meeting. The result of a hearing, for Partly be anticipated, so supporters and opponents of a cause should be taken into account. During the hearing, the committee members have the opportunity to ask questions to the invited, who will answer them. It may be that question and answer times are regulated (in Bundestag committees, e.g. according to the size of the parliamentary group). It is therefore also common for the invited persons / institutions to submit written statements on the respective topic, as it is usually not possible for them to present their point of view in detail for formal or time reasons.

An example of a hearing would be a public hearing session of a Bundestag committee according to Section 70 Rules of Procedure of the German Bundestag . There it says:

“A committee may hold public hearings of experts, stakeholders and other sources of information to provide information on any subject matter it deliberates on. In the case of referrals, the lead committee is obliged to do so at the request of a quarter of its members; in the case of items to be discussed that have not been transferred within the framework of Section 62 (1), sentence 3, a hearing takes place on the decision of the committee. Resolutions are only permitted if a corresponding motion is on the committee's agenda. […] The committee can enter into a general discussion with the persons providing information, insofar as this is necessary to clarify the matter. The speaking time is to be limited. The committee can instruct individual members to conduct the hearing; each political group represented on the committee must be taken into account. In preparation for a public hearing, the committee should convey the respective question to the respondents. He can ask you to submit a written statement. "

literature

  • Ulrich von Alemann (Ed.), Erhard Forndran (Ed.), Interests and Politics. West German publishing house. 1983
  • Bernhard Weßels: The Development of German Corporatism . In: From Politics and Contemporary History , B 26-27 (2000). Pp. 16-21. Online version .
  • Steffen Dagger et al. (Ed.): Political advice in Germany, practice and perspectives , VS-Verlag für Sozialwissenschaften, Wiesbaden 2004, ISBN 978-3-531-14464-1 .
  • Steffen Dagger; Michael Kambeck (Ed.): Policy advice and lobbying in Brussels. VS-Verlag für Sozialwissenschaften, Wiesbaden 2007, ISBN 978-3-531-15388-9 .
  • Horst Pöttker, Thomas Meyer: Critical empiricism. Life chances in the social sciences. VS-Verlag, Wiesbaden. 2004
  • Klaus von Beyme: The political system of the Federal Republic of Germany after unification. An introduction. Piper, Munich. 1993

Individual evidence

  1. Wikipedia: Citizen Participation
  2. Bender, Gunnar (2004): The Lobbyist - Strategic Political Manager or Headless Stripper? In: Dagger, Steffen et al. (Ed.): Political advice in Germany, practice and perspectives, VS-Verlag für Sozialwissenschaften, Wiesbaden 2004, ISBN 978-3-531-14464-1 . P. 76 ff.
  3. Kambeck, Michael: Final analysis: Policy advice in Brussels - necessary and misjudged. In: Steffen Dagger; Michael Kambeck (Ed.): Policy advice and lobbying in Brussels. VS-Verlag für Sozialwissenschaften, Wiesbaden 2007, ISBN 978-3-531-15388-9 . P. 255 ff.