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Choice of law for supervised people already applies to the European elections
The Federal constitutional court has decided that people with a disability for which care is arranged are allowed to choose. Already at the European elections on may 26. May be allowed to participate. the By Wolfgang Janisch, Karlsruhe Wolfgang Janisch

On the question of what profession he wanted to take, Wolfgang Janisch during his law studies, a standard answer: criminal defense attorney. Really seriously that was meant, and today he is glad it came to nothing, although he keeps the Job for one of the most important in the rule of law. So instead journalism: After various stations in regional Newspapers (Mainzer Rhein-Zeitung, Südwest Presse), and the FAZ, as well as a legal Promotion, with a one-year study stay in the USA, he went, in 1997, as a justice, a political correspondent for the German press Agency to Karlsruhe. Jura from the other side, as an observer of the Federal constitutional court and the Federal court of justice. Since 2010, reports and comments for the SZ. In the meantime, he also writes about the European courts; the location - Karlsruhe, Germany - has remained the same.

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people who are under the full supervision and, therefore, so far, of the elections were excluded, may in the forthcoming European elections on may 26. May participate in. The decision of the Federal constitutional court on this Monday evening. In a provisional order of the Second Senate corresponded to a request of the Greens, Left and FDP.

However, around 84 000 people in the next few weeks, not automatically a notification. Instead, you must submit an application to your local authority - only then will you be registered in the electoral register. Primarily, it's persons, for the care in all the Affairs of daily life arranged. Add to this a small group to blame incompetent offenders who have been committed to a psychiatric hospital.

General questions

For both groups, it was previously an automatic choice for exclusion, which had been declared a few weeks ago from the constitutional court to be unconstitutional. Politically more controversial is that there is now an inclusive electoral law must be for all. The Grand coalition had already agreed in the coalition agreement, has initiated a corresponding legislative procedure. However, this should be according to the will of the government from 1. July apply. The opposition factions wanted to assert that the persons Concerned are allowed to vote in the European elections. Because of the exclusion of a group that would be admitted as of Right, actually, would lead to an "incorrect determination of the choice of the people," argued her legal representative Ulrich Hufeld.

Although Stephan Mayer warned, Parliamentary under-Secretary of state in the Ministry of the interior, a rash Opening choice for Supervised would be associated with a large cost and there is also "extremely error-prone". At the hearing, it was clear that the preparations would be practically achievable, at least you could understand the Federal returning officer Georg Thiel. Some would probably work on the local authorities to decide which of the persons excluded shall be included in the voters ' register. In order to reduce the effort, decided by the court now for an application solution, so that the person Concerned must now do the first step.

Not entirely straightforward were the fundamental questions that needed to be resolved. Because the Federal constitutional court had called a few weeks ago, of course, no right to vote for all of them. In the decision is, rather, that the exclusion of certain groups can be allowed. And then, if for you "the possibility of participation in the communication process between the people and the state institutions to a sufficient degree". Because a choice is from the point of view of the judge, more than a little cross on the ballot paper, it is part of a democratic "integration process", the free and open communication between the Governing and the Governed. This means: to Whom this communication is not possible, can also be excluded from the vote. The court had even written That this is the case for the group of the Cared for, "at least not far-fetched". Unconstitutional the election exclusion was the only reason, because it is a little arbitrary, to make him alone to the formal arrangement of a service.

however, This means that The legislator has a margin in the implementation of this decision, not least in the question of how to support the new electorate can be designed so that it excludes manipulations. Why keyword replacement legislator - the question was whether the court would now take over the business of the Federal tags. President Andreas Voßkuhle saw this, of course, rather as a kind of assistance for the legislators, which could not comprehensible to react so quickly. An interim order of the court was, so to speak, the "confluence of two constitutional bodies". And it would remain a one-off intervention, after the European election, the legislature would be back at the train.

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