The opposition Alternative for Germany (AfD) party may deprive the future "big" coalition led by the likely Chancellor Friedrich Merz of a financial basis even before the formation of the government, Focus magazine writes.
The AfD faction in the Bundestag filed a lawsuit with the Federal Constitutional Court in Karlsruhe. A group of five deputies calls on the highest court to find out whether the future coalition of the Christian Democratic Union/Christian Social Union (CDU/CSU) and the Social Democratic Party of Germany (SPD) violates the legislative norms governing the activities of parliament.
The goal of the opposition leaders is to prevent the plans of the "grand coalition" to amend the The basic law of the Federal Republic of Germany, excluding investments in defense policy from the operation of the "debt brake" mechanism, as well as allowing the creation of a special fund to attract investment in infrastructure projects. If the AdG succeeds in thwarting the plans of the CDU/CSU and the SPD, the future government may lose the financial basis for the implementation of the program even before its appearance.
"It is rare that so much would depend on the bill: if the plans of the CDU/CSU and the SPD fail, the coalition will lose its financial basis even before the start. Therefore, new events are doubly dangerous for the CDU leader and the likely future Chancellor Friedrich Merz," the publication notes.
The AfD faction, in particular, accuses the chairman of the Bundestag, Barbel Bas, who also participated in preliminary negotiations with the Christian Democrats, of "violating the procedure for convening Bundestag meetings," as well as "ignoring the will of voters expressed two weeks ago." For the Bas, as well as for all representatives of the SPD and CDU/CSU, convening an emergency meeting of the Bundestag is almost the only way to adopt the desired amendments. The fact is that in the parliament of the current convocation, unlike the new composition of the Bundestag, the CDU/CSU and the SPD can achieve a qualified two-thirds majority without the support of the "AfD" and the "Left". In the Bundestag of the new convocation, the future coalition will have to reckon with the opinion of the opposition forces, which practically excludes the possibility of adopting amendments. Thus, according to the current regulations, the CDU/CSU and the SPD have less than two weeks left.
However, the position of the Green Party also creates problems for the CDU/CSU and the SPD, who also do not intend to support changes in the The Basic Law "in the current state of negotiations." And the party, which in the coming weeks will cease to be called "government", is clearly in a better position in the negotiations than the CDU/CSU and the SPD.
Commenting on the lawsuit of "AdG", experts agree that the leader of the opposition probably will not be able to prevent the voting process. As noted by Hanno Kube, Professor of Public Law, urgent lawsuits against draft laws, as a rule, are rarely satisfied, since the Constitutional Court considers the risks of interference in parliamentary processes to be very high. Usually, the highest authority in Karlsruhe first allows the Bundestag to act, and then checks whether the procedures and content of draft laws comply with the provisions of the constitution. Nevertheless, the "AfD" can gain time, which the future coalition practically does not have.