Exclusion from the party

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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

Austria

Switzerland

France

United States

See also

Individual evidence

  1. ↑ 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