Impeachment proceedings

from Wikipedia, the free encyclopedia

An impeachment ( English impeachment can) in certain jurisdictions be made where a public official to his duties in violation or a crime has been committed. The impeachment process is a traditional part of the presidential system of government , in which there is no election and de-election of executive members by parliament .

Germany

According to Art. 61 of the Basic Law for the Federal Republic of Germany , a presidential charge against the Federal President can be brought before the Federal Constitutional Court “for willful violation of the Basic Law or another federal law”. Only the Bundestag or Bundesrat are entitled to take legal action ; the decision must be made with a two-thirds majority. If the Federal Constitutional Court finds such a violation of the law, it can declare the Federal President to have lost his office. After the indictment has been brought, it can also use an interim order to determine that he is prevented from exercising his office. So far, there has never been a presidential charge in the history of the Federal Republic.

There are no impeachment proceedings per se against the Federal Chancellor . However, according to Article 67 of the Basic Law, the Bundestag can determine a new Federal Chancellor by means of a constructive vote of no confidence , which has so far been successfully implemented. In this case, the office of Federal Minister ends. At the request of the Federal President, they are obliged to continue business until their successors are appointed ( Art. 69 GG).

Austria

The Austrian Federal Constitutional Law (B-VG) provides in Article 60, Paragraph 6 that the Federal President can be removed by referendum. The referendum must be held if the Federal Assembly so requests. The Federal Assembly is to be convened for this purpose by the Federal Chancellor if the National Council has decided on such a proposal. For the decision of the National Council the presence of at least half of the members and a majority of two thirds of the votes cast is required. Such a decision by the National Council prevents the Federal President from further exercising his office. The rejection of the removal by the referendum is considered to be the new election of the Federal President and results in the dissolution and new election of the National Council. In this case too, the entire term of office of the Federal President may not last more than twelve years.

According to Art. 142 B-VG, the so-called ministerial indictment can be brought against the Federal President and the other highest administrative bodies, such as the Federal Chancellor , Federal Minister , State Governor and State Council before the Constitutional Court as a state court . The judgment of the Constitutional Court has to be the loss of office and, under particularly difficult circumstances, the loss of political rights (such as the right to stand for election); In the case of minor legal violations, the Constitutional Court can limit itself to establishing that there has been a legal violation.

Switzerland

In Switzerland there are no constitutional impeachment procedures for the Federal Council or members of parliament. It does happen, however, that Federal Councilors voluntarily resign in the event of serious allegations (e.g. in the Elisabeth Kopp case ). The United Federal Assembly can determine the incapacity of acting Federal Councilors under Art. 140a Parliamentary Act under the following conditions:

"a. The person concerned is evidently no longer in a position to exercise his office because of serious health problems or factors that prevent him from returning to work.
b. This condition is likely to last for a long time.
c. The person concerned has not submitted a legally valid declaration of withdrawal within a reasonable period. "

A federal judge can only be removed from office on the basis of a criminal conviction for a crime or misdemeanor. It is a secondary penalty which is pronounced by the criminal judge. Prosecution requires authorization from the competent commissions of the federal councils , Art. 14 Liability Act.

In some cantons (e.g. Bern ), on the other hand, a referendum on the early election of the cantonal government and / or the cantonal parliament can be called for by collecting signatures.

Furthermore, the possibility of removing the government from office by means of a vote of no confidence exists only in the canton of Jura .

United States

description

Charges of official misconduct ( English impeachment ) is in the United States Constitution (Article I, Section 3) provided procedures for impeachment of the president and other officials, including judges of the Supreme Court and the federal judge when the "high crimes and misdemeanors "(for example:" High crimes and misdemeanors "). The history of the term and the debates of the Constitutional Fathers show that “high crimes” do not mean “serious crimes”, but those that a person can only commit by virtue of their office. A normal citizen cannot commit a “high crime” because he is unable to do so due to a lack of presidential or federal judicial powers. Various things can be meant by “misdemeanors”. After Edmund Randolph impeachment should already with "misconduct" ( English "misbehave" be possible), by Charles Cotesworth Pinckney impeachment should also be done if someone "the people's trust abused" ( English "... or betray Their public trust " ).

It is also important that the impeachment process is a political one in which the usual legal rules do not apply - a view that the Supreme Court in 1993 in the Nixon v. United States had confirmed. The public official does not have to have violated any specific legal regulation in order to initiate proceedings, and no guilt in the (criminal) legal sense has to be proven for a successful removal from office. So in 1804, John Pickering , a federal judge responsible for New Hampshire , was removed from office for chronic drunkenness.

Under the 25th Amendment and Section 1 of Article 2 of the United States Constitution, the office of President is transferred to the Vice President in the event of impeachment . If the office of Vice-President becomes vacant - by impeachment or for any other reason - the President will propose a replacement in accordance with Section 2 of the 25th Amendment to the Constitution . Both the Senate and the House of Representatives must approve the proposal for a new Vice President to take office. If this does not succeed, the office of Vice President remains vacant until the next regular presidential election. The succession of the President of the United States only regulates the succession of the President, but not that of the other members of the government.

The states also know impeachments, but different standards and procedures apply there.

Procedure

The House of Representatives takes the decision to initiate the procedure with a simple majority . The president is thus impeached , but the ability to govern is not restricted. Hearings are then held in the Senate . If the President is indicted in these proceedings, the Chief Justice will preside. In other cases there is no requirement in the constitution, so that the Vice President can lead the proceedings in his capacity as President of the Senate. There is no explicit provision in the constitution in the event of proceedings against the Vice-President. Whether the vice president can preside over impeachment proceedings against himself is controversial. So far there is no precedent . Either side has the right to hear witnesses and cross- examine. After that, secret meetings take place. A two-thirds majority in the Senate is required for a guilty verdict . The accused can then either be removed from office or prohibited from holding public office. So it is a two-stage process in which a decision is first made on the question of guilt and then on the actual impeachment. A duly resolved impeachment by the House of Representatives and the Senate is not legally contestable according to the highest court rulings (see Nixon v. United States ).

story

US Senate in the impeachment case against Andrew Johnson

Impeachment proceedings have been initiated against four presidents and have actually been carried out against three. There was a resignation, but no conviction in any of the cases.

  • 1868 against Andrew Johnson for disregarding the rights of Congress . On March 2, 1868, the House of Representatives passed the corresponding resolution, and on April 9, 1868 the process began in the Senate, which ended in an acquittal on May 26, 1868, as a majority of 35 senators were in favor of impeachment, but in view of 19 Votes against the required two-thirds majority was not one vote. Johnson has been accused of violating the Tenure of Office Act by appointing Lorenzo Thomas as Secretary of War without Senate approval. Historians justify the reluctance of some senators to vote in favor of the impeachment of Johnson, primarily because of the significant constitutional significance, since a precedent would have been set if he had been removed. Restrictive legal standards were derived from the acquittal, with the result that impeachment turned out to be a purely political weapon against the president.
  • 1974 Richard Nixon for obstruction of justice in the Watergate affair . By resigning, the President anticipated the impeachment proceedings that had been initiated and an indictment. The simple majority required for the indictment had emerged in the House of Representatives, and the required two-thirds majority was also to be expected in the Senate . Following Nixon's resignation, the previous Vice President , Gerald Ford , was sworn in as President , as provided by the constitution .
  • 1998 against Bill Clinton for perjury and obstruction of justice in the course of the Lewinsky affair . The perjury charge was rejected by 55 to 45 votes, that of obstruction of the judiciary with 50 to 50 votes. All the senators of the Democratic Party supported the president of their own party.
  • 2019 against Donald Trump for abuse of power in the Ukraine affair and obstruction of Congress (for this and the following proceedings, see in detail: Impeachment proceedings against Donald Trump ). On July 12, 2017, Democratic Congressman Brad Sherman filed for impeachment proceedings against President Donald Trump for his role in the Russia affair and the events surrounding the dismissal of FBI chief James Comey , who in his view was an "obstruction of justice “Represented. House Democratic spokeswoman Nancy Pelosi only spoke out in favor of impeachment in September 2019, which Congress has been investigating since the 24th of this month. On December 18, 2019, the House of Representatives voted in favor of the indictment by 230 votes in favor, 197 against with one abstention, thereby initiating the process. At least three Democratic MPs had deviated from the party line and voted against a procedure. On February 5, 2020, Donald Trump was acquitted in the Republican-majority Senate.
  • Against Donald Trump in 2021 for inciting a riot. On January 11, 2021, just a few days before the end of his term in office, a second impeachment proceedings were initiated against the president. The occasion was a speech in Washington, DC, which led to the attack on the Congress in the Capitol and the storming of the building by its supporters, in which several people were killed. Trump is the first US president against whom such proceedings have been attempted twice.

US states

Also in the states of the USA public officials can be removed from office by means of an impeachment. This includes, for example, governors , lieutenant governors , other members of the government, or judges in the state courts. In particular, impeachment proceedings against governors, the highest office holders of a state, are often of great international media interest. For an impeachment, as at the federal level, the lower houses of the federal state parliaments must pass a resolution on the indictment, while the upper houses (state senates) determine guilt or innocence with a two-thirds majority. As with the president, state elected officials can only be removed from office for legal misconduct and not for political reasons. Impeachment also only results in removal from office. Criminal prosecution and conviction can only be carried out by the competent courts.

A well-known example of impeachment is Rod Blagojevich , who was removed from office as Governor of Illinois by the State Legislature in January 2009 . He had tried to “sell” the Senate seat that had become vacant after Barack Obama's election as president. The case had received a lot of international attention.

Great Britain

In Great Britain , too, there is impeachment as an impeachment procedure: it is an indictment against high-ranking state officials for serious breaches of duty, negotiated before the House of Lords at the request of the English, later British, lower house . B. for high treason . The first documented trial was against William Latimer in 1376 . In total, there were fewer than 70 of these charges, mainly in the 14th, 17th and 18th centuries, around a quarter of them between 1640 and 1642. Impeachment was the only way for the House of Commons to be appointed by the Crown To get rid of civil servants. Last attempted against Henry Dundas in 1806 , it is considered obsolete, as there are now numerous other possibilities for parliament to control the government. However, several attempts to officially abolish the process failed in the second half of the 20th century. In September 2019, the group leader of Plaid Cymru , Liz Saville Roberts , brought it up again. This was preceded by announcements by Prime Minister Boris Johnson that he would ignore a law passed by parliament to prevent an exit from the EU without an agreement .

Lithuania

With regard to the impeachment proceedings, Lithuania is one of the record champions. Impeachment proceedings were carried out against holders of various offices:

In 2004, impeachment proceedings were initiated against President Rolandas Paksas . He was the first modern European head of state to be removed from office in this way.

Between 1990 and 2018 impeachment proceedings were about eight parliamentarians of the Seimas initiated. Three parliamentarians were removed from office in this way: Audrius Butkevičius in 1999 , Linas Karalius in 2010 and Neringa Venckienė in 2014 .

The impeachment proceedings in 2010 against the parliamentarian Aleksandr Sakaruk were unsuccessful . In 2016, an impeachment proceedings were initiated against the parliamentarian and former parliamentary vice-president Vytautas Gapšys , as he was convicted of fraudulent accounting . However, the Constitutional Court of Lithuania did not evaluate Gapšys' actions until a Seimas member took the oath of office, the impeachment stagnated, and Gapšys himself later resigned. In 2017, impeachment proceedings were initiated against parliamentarians Mindaugas Bastys and Kęstutis Pūkas . Pūkas gave back his mandate, which the procedure was canceled.

Brazil

Fernando Collor leaving the presidential building in 1992.

The first constitution of the Brazilian Empire , ratified on March 25, 1824, did not provide for impeachment proceedings, however, in the event of violation of Article 133, criminal proceedings could be initiated for treason, bribery or extortion, for abuse of power, failure to comply with the law, action against freedom, security or the property of citizens that was directed against the common good . The Republican Constitution of 1891 , the First Republic, was based on the American constitutional model and enabled impeachment proceedings and prosecution against presidents and ministers in Articles 29 and 53. This was continued in the other constitutions. In 1950 the Lei 1.079 / 50 was passed, this law of April 10, 1950 regulated the type and procedure in the event of official offenses. The Brazilian Constitution of 1988 regulates the competences of the Chamber of Deputies and the Senate in Articles 51, 52 and 85 . There are five steps to the impeachment mechanism.

Since the existence of the republic, a total of 10 impeachment proceedings have been initiated or attempted against state presidents, only two proceedings have been fully and successfully completed: against Floriano Peixoto (1894, replaced), Campos Sales and Hermes Rodrigues da Fonseca , after 1945 against Getúlio Vargas (unsuccessful), im Struggle for the succession of Vargas in disregard of Law No. 1.079 / 50 against Carlos Coimbra da Luz and João Café Filho 1955, Fernando Collor de Mello (1992, successful), Luiz Inácio Lula da Silva (attempt unsuccessful), Dilma Rousseff (2015 / 16, successful) and Michel Temer (2016, attempt unsuccessful).

Catholic canon law

The impeachment (amotio) is a form of the termination of office in canon law . It is carried out against the will of the incumbent, but, unlike dismissal, is not intended as a punitive measure.

See also

literature

Web links

Individual evidence

  1. ↑ Art. 140a Parliament Act
  2. ↑ Responsibility Act
  3. ↑ Art. 57 of the Cantonal Constitution of Bern ( Memento of August 13, 2011 in the Internet Archive )
  4. ↑ Someone Should Have Told Spiro Agnew by Michael Stokes Paulsen accessed November 9, 2012
  5. ↑ Articles And Essays: Can The Vice President Preside At His Own Impeachment Trial ?: A Critique Of Bare Textualism . Litigation-essentials.lexisnexis.com. Accessed July 12, 2013.
  6. ↑ Christian Heine: The impeachment proceedings against judges and the president in US constitutional law . wvb Wissenschaftlicher Verlag Berlin, Berlin 2009, ISBN 3-86573-486-3 , p. 263 .
  7. ^ Monthly Calendar. :  The Gentleman's Magazine , year 1868, p. 531 (online at ANNO ).Template: ANNO / Maintenance / gen
  8. ^ Telegraphic dispatches. In:  foreigners sheet of the imperial and royal capital Vienna / foreigner sheet and tag news of the imperial and royal capital Vienna / foreigner sheet / foreigner sheet with Vedette / foreigner sheet with military supplement Die Vedette , April 10th 1868, p. 531 (online at ANNO ).Template: ANNO / Maintenance / fdb
  9. ↑ telegrams. In:  Die Presse , May 27, 1868, p. 19 (online at ANNO ).Template: ANNO / maintenance / apr
  10. ↑ Christof Mauch: The American Presidents CH Beck Munich ISBN 978-3-406-58742-9 p. 202
  11. ↑ FAZ.net July 13, 2017: Impeachment proceedings against Trump requested
  12. ↑ washingtonpost.com June 12, 2017: A House Democrat echoes Watergate in calling for Trump's impeachment
  13. ↑ nytimes.com June 12, 2017: House Democrat From California Seeks Support to Impeach Trump
  14. ↑ Trump becomes third president to be impeached . December 19, 2019 ( bbc.com [accessed December 19, 2019]).
  15. ↑ US House of Representatives votes for Trump's impeachment. In: derStandard.de. Retrieved December 20, 2019 .
  16. ^ Peter Baker: Impeachment Live Updates: Senate Acquits Trump, Ending Historic Trial . In: The New York Times . February 5, 2020, ISSN  0362-4331 ( nytimes.com [accessed February 5, 2020]).
  17. ↑ Chistoph M. Haas, Wolfgang Jäger: Government system of the USA: Lehr- und Handbuch , Oldenbourg Wissenschaftsverlag, 2007 ISBN 978-3-486-58438-7 pp. 467-68
  18. ↑ Handelsblatt: Destructive judgment against Rod Blagojevich from June 27, 2011
  19. ^ Jack Simson Caird: Impeachment . House of Commons Library Academic Services website, June 6, 2016, accessed September 10, 2019. (English)
  20. ↑ Brexit extension: "Impeach Boris Johnson if law ignored" BBC , September 9, 2019, accessed on the same day. (English)
  21. ↑ Lietuva - apkaltų rekordininkė (online portal Alfa.lt )
  22. ↑ http://www.diena.lt/naujienos/lietuva/politika/apzvalga-k-pukas-pirmasis-atsisakes-mandato-apkalta-845991
  23. ↑ LEI Nº 1.079, de 10 de April de 1950. Define os crimes de responsabilidade e regula o respectivo processo de julgamento. Retrieved March 15, 2017 (Portuguese).