Exclusion from the party
An expulsion from the party is the strongest sanction political parties , individual party to destructive behavior members to punish.
legitimation
The exclusion terminates the membership of the affected person in the party. It may only take place in the event of an intentional violation of the Articles of Association or a significant violation of the principles or regulations of the party if this causes serious damage to the party ( Section 10 (4 ) of the Party Act ). This is intended to be a simple exclusion of members based on a mere difference of opinion, antipathy or the like. based, can be prevented. Finally, parties participate in the formation of political will ( Art. 21, Paragraph 1, Clause 1 of the Basic Law and Section 1 Paragraphs 1 and 2 of the Party Act). The protective function of Section 10 (4) of the Party Act against arbitrary exclusions means that this is not a mandatory right .
In contrast to exclusion, which is not easily possible, parties are not obliged to accept new members (cf. Section 10 (1) sentence 1 of the Party Act) and do not have to justify non-acceptance (Section 10 (1) sentence 2 of the Party Act in the Contrary to Section 10 (5) sentence 3 of the Party Act).
Procedure
For most parties, the party exclusion is preceded by a so-called party order procedure, which is often incorrectly referred to as the party exclusion procedure . The latter designation is incorrect because the member does not necessarily end up being expelled; often only a temporary ban is imposed.
The details of these procedures must be specified in the statutes of the parties ( Section 10 (3) of the Party Act), which (at least for the established parties in Germany ) are very similar in this respect:
- A party order procedure is only initiated in the event of serious violations of the statutes or the principles of the party.
- Only federal, state or district boards can decide to initiate a procedure.
- They are carried out by internal party arbitration tribunals (Section 10, Paragraph 5, Clause 1 of the Party Act, within the framework of Section 14 of the Party Act).
- Ordinary courts can be appealed against the decision (arbitration rules § 14 para. 4 PartyG).
Consequences for MPs
Exclusion from a party differs from the exclusion of a member of a parliamentary group , but exclusion from a party usually justifies the exclusion of a parliamentary group.
Prominent party elimination proceedings
Germany
- Heinrich Brandler (1915 from the SPD)
- Josef Matthes (1920 from the SPD)
- Paul Levi (1921 from the KPD)
- Ernst Reuter (1922 from the KPD)
- August Winnig and Ludwig Hasenzahl (1922 from the SPD)
- Sepp Oerter (1922 from the USPD)
- Max Heldt and Max Müller (1926 from the SPD)
- Ruth Fischer and Arkadi Maslow (1925 from the KPD)
- Gustav Bauer (1925 from the SPD, repealed in 1926)
- Willi Eichler (1925 from the SPD)
- Walther Lambach (1928 from DNVP)
- Max Seydewitz , Walter Fabian , Erwin Eckert , Gerhard Jacobshagen , Ernst Eckstein Hermann Kreutzer , Helmut Wagner and Kurt Rosenfeld (1931 from the SPD)
- Otto Hörsing (1932 from the SPD)
- Hans Müller and Artur von Machui (1949 from the SPD)
- Christian Koch (1949 from the FDP)
- Kurt Müller (1950 from the KPD)
- Wilhelm Wittbrodt and Ferdinand Löwenberg (1950 from the SPD)
- Wolf von Westarp (1952 from the SRP)
- Ernst Tillich (1952 from the SPD)
- Karlfranz Schmidt-Wittmack (1954 from the CDU)
- Franz Michel (1956 from the CSU)
- Albert Berg (1959 from the SPD)
- Horst Mahler (1961 from the SPD)
- Jürgen Seifert (1961 from the SPD)
- Eberhard Dähne (1962 from the SPD)
- Gustav Stapp (1964 from the SPD)
- Wolfgang Neuss (1966 from the SPD, resumed after six months, resigned himself in 1968)
- Walther Hellige (1967 from the FDP)
- Harry Ristock (1968 immediate expulsion from the SPD, resumed a few days later)
- Ilse Schwipper (1969 from the SPD)
- Christian Schwarzenholz and Peter Tempel (1969 from the FDP)
- Franz-Josef Degenhardt (1971 from the SPD)
- Günther Müller (1972 from the SPD)
- Richard Bünemann (1975 from the SPD)
- Christoph Butterwegge (1975 from the SPD)
- Klaus Uwe Benneter (1977 from the SPD, resumed in 1983)
- Gerhard Kade (1978 from the SPD)
- Hermann Kreutzer and Rudolf Kaffka (1980 from the SPD)
- Alfred Mechtersheimer (1981 from the CSU)
- Karl-Heinz Hansen (1981 from the SPD)
- Arnulf Baring (1983 from the SPD)
- Franz Schönhuber (1985 and 1990 from the Republicans, each reversed shortly afterwards)
- Edgar Forster (1985 from the SPD)
- Wolfgang Schnur (1990 from the DA)
- Jakob Moneta (1990 from the SPD)
- Harald Neubauer (1990 from the Republicans)
- Gerald Götting (1991 from the CDU)
- Ibrahim Böhme (1992 from the SPD)
- Rudolf Krause (1993, left the party after the faction was excluded from the CDU)
- Wolfgang Werner (1999 from the SPD)
- Gerhard Branstner (2000 from the PDS, withdrawn shortly afterwards)
- Karlheinz Schreiber (2003 from the CSU)
- Christian Schwarzenholz (2003 from the PDS)
- Ronald Schill (2003 from PRO)
- Martin Hohmann (2004 from the CDU)
- Klaus Ernst , Thomas Handel , Anny Heike, Gerd Lobodda, Günther Schachner, Herbert Schui and Peter Vetter (2004 from the SPD)
- Cornelia Gödecke (2007 from the SPD)
- Detlev von Larcher (2008 from the SPD)
- Carmen Everts (2008 from the SPD, rejected, then left the party)
- Silke Tesch (2008 from the SPD, rejected, then left the party)
- Jürgen Walter (from the SPD in 2008, rejected, then restricted his membership rights for a period of two years)
- Wolfgang Clement (2008 from the SPD, rejected, then left the party)
- Bülent Çiftlik (2010 from the SPD)
- Matthias Faust (2010 from the DVU)
- Thilo Sarrazin (2010 and 2011 from the SPD, both rejected, excluded in 2020)
- Karl-Heinz Funke (2011 from the SPD)
- Doris von Sayn-Wittgenstein (2019 from the AfD)
- Boris Palmer (2021 from Alliance 90 / The Greens , still pending)
Austria
- Karlheinz Klement (1993, 2004 and 2008 from the FPÖ)
- Jörg Haider (2005 from the FPÖ)
- Susanne Winter (2015 from the FPÖ)
- Philipa Strache (2019 from the FPÖ)
Switzerland
- Eveline Widmer-Schlumpf (2008 from the SVP, together with her cantonal party)
France
- Jean-Marie Le Pen founded the French Front National party in 1972 and was its chairman until 2011 when his daughter Marine became chairman of the FN. In 2015, Le Pen was expelled from the party .
United States
- John Tyler was expelled from the Whig Party in 1841 in the first year of his tenure as President of the United States ; he served as an independent until 1845.
See also
Individual evidence
- ↑ Dieter Grimm : Parliament and parties in Hans-Peter Schneider , Wolfgang Zeh (ed.): Parliamentary law and parliamentary practice in the Federal Republic of Germany , de Gruyter, Berlin 1989, p. 210 at Google books