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AfD fails in dispute over expert hearing

The AfD failed in the dispute over an expert hearing in the constitutional committee of the citizenship before the Hamburg constitutional court.

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AfD fails in dispute over expert hearing

The AfD failed in the dispute over an expert hearing in the constitutional committee of the citizenship before the Hamburg constitutional court. A motion by the parliamentary group and MP Krzysztof Walczak was rejected on Friday, a court spokesman said. In the so-called organ dispute proceedings, the AfD had criticized the procedure for naming the experts for the hearing, which at the beginning of last year was about the codification of a commitment “to combat National Socialism, anti-Semitism and extremism and to promote voluntary work” in the Hamburg constitution.

At the last meeting before the hearing in December 2021, the committee decided that the government factions of the SPD and Greens were each allowed to nominate two experts, while the CDU, Left and AfD only one. The AfD saw its right to equal participation in parliamentary decision-making violated because the vote was not specifically listed on the agenda, but under the item "Miscellaneous".

The judges did not recognize that MP Walczak was taken by surprise, which would limit his rights guaranteed by the Hamburg constitution. Rather, the judges were convinced that he had "already dealt with the procedural question in detail in advance and had also sought to talk to the other parliamentary groups about the number of informants to be named by the parliamentary groups for the hearing," explained the court spokesman.

The member of parliament was therefore neither restricted in his rights in comparison to the other members of parliament nor was his equal participation impaired. The same applies to the AfD parliamentary group, whose information and participation rights do not go beyond those of the MP.

In January last year, the AfD failed in its attempt before the constitutional court to have the expert hearing prohibited by an urgent application. The reason given by the court was that the AfD had only complained about the procedure for adopting the resolution, but not about its consequences.

However, Walczak saw himself partially confirmed by the verdict. “The elected representatives of the people have the right to prepare themselves adequately before a decision is made in Parliament. They must not simply be ambushed with a proposal from the government factions without prior notice”. It was "disastrous" for him that he had prepared himself without prior notice.

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