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All state power emanates from the citizen – this even applies to Berlin

On February 12, the almost two and a half million Berlin citizens who are entitled to vote will be able to decide on the composition of the House of Representatives and the district assemblies.

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All state power emanates from the citizen – this even applies to Berlin

On February 12, the almost two and a half million Berlin citizens who are entitled to vote will be able to decide on the composition of the House of Representatives and the district assemblies. The state's constitutional court had already opened the way to this repeat election in November, and the federal constitutional court has now rejected urgent appeals against this verdict.

That's good news. As a reminder, the September 2021 state election, which coincided with the general election, a referendum on expropriations of large housing corporations and a marathon event clogging the streets of the capital, saw numerous and serious glitches. Polling stations were difficult to reach, there were no ballot papers, voters had to wait in long queues, and some were only able to cast their votes well after 6 p.m., when the first forecasts of the results had long been known.

In view of the five-digit number of affected voters, the Constitutional Court saw no other option than to have the election repeated in its entirety. The judges rightly argued that a selective repetition of elections in individual constituencies was not suitable for creating “a constitutional state”.

The plaintiffs before the Federal Constitutional Court, including eight members of the House of Representatives appointed under these questionable circumstances, see things differently. They argue that only "mandate-relevant" errors should be corrected. The Berlin Constitutional Court is deviating from the strict electoral law standards of the Federal Constitutional Court. The latter is true, but it is due to the fact that the Berlin breakdown election represents a unique event in the history of the Federal Republic. And a new situation requires new standards.

When confidence in the proper course of an election is shaken, small corrections no longer help. The mess caused by a sloppy administration requires a fundamentally new decision-making process. The fact that the repeat election in February is now taking place subject to the still outstanding main issue decision of the Federal Constitutional Court is annoying - but to be accepted as the lesser evil.

The constitutional complaints in Karlsruhe are a result of the rule of law and are therefore not to be criticized. But the plaintiffs may be pointed out that a state government and a parliament whose power is based on a defective election act lacks the legitimacy of the sovereign.

The urgent decision of the Federal Constitutional Court was issued "in the name of the people". This judgment formula is a reminder that all state power emanates from the citizen. Rarely has it been more important than after the scandalous Berlin election that politicians and administration remember it.

"Kick-off Politics" is WELT's daily news podcast. The most important topic analyzed by WELT editors and the dates of the day. Subscribe to the podcast on Spotify, Apple Podcasts, Amazon Music or directly via RSS feed.

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