Debate on the parity in the Bundestag : A significant interference in the right to vote equality

you want parity, and they want it now. The SPD, Green and Left to beat currently each other with claims and plans to bring more women into parliaments. Instead it is voluntary now, the legal regulations set forth. A good half of the population is female.

But in the Bundestag, women make up just under a third of the deputies, in the country, the proportion of women between 24 per cent (Baden-Württemberg) and 40 percent (Thuringia) varies. In local parliaments, it is often significantly less.

in Order to achieve the parity only volunteer, but to force, are two ideas on the table. The a: list of parity, as specified by the electoral law. The other constituencies with two direct mandates, instead of, as before, a – a mandate for the man with the most votes, the other for the woman with the best result.

the Latter also has suggested the Deputy Chairman of Bundestag Thomas Oppermann (SPD), and with the aim of the model is spoken of in the upcoming electoral law reform to introduce, through the in the Bundestag already. A group of round, under the direction of the President of Parliament, Wolfgang Schäuble (CDU), looking especially for a way to cap the number of seats, so that you end up not Sitting at the 709 as for the election in 2017.

The minimum size is 598 deputies. Social Democrats, Green and Left want to take advantage of the Chance to obtain the parity. The more "male-heavy" fractions of Union, AfD, and FDP see the parity solution by law with skepticism.

Brandenburg forged ahead

The Oppermann-model has also been in the Brandenburg Landtag considered, but the red majority decided in the previous week to adopt a parity law for the cast List. The Greens in Bavaria, have now taken on the proposal from the Two constituencies with gender separation in the case of direct mandates and "half-the-baptized-law". Also, the Bavarian social Democrats are part of the game. To increase the pressure on the Bundestag discussion.

But the proposals are also in conformity with the Constitution? This is a controversial issue. In the Brandenburg state Parliament of the objections. But they do exist. Sophie Schönberger, a Professor in Düsseldorf, Germany and a renowned expert for party right considers them to be plausible. "I have serious constitutional doubt on both projects," she said to the daily mirror.

"in Both the prescribed list of parity in the solution, in the case of direct candidates of a party in the Two constituencies to separate by gender, there is a clear conflict with the requirement of the passive election right of equality."

Schönberger points out that not every candidate actually also for each place on a list could be a candidate, or for each of the two direct mandates. "The two solution in the case of direct candidates, although at first glance, a charming solution, because the direct mandates of circles in a by-election becoming very common to men", said Schönberger. "But the binding quota is a significant interference in the right to vote equality. In addition, the freedom of the parties to establish their candidates as they see fit, restricted."

"You need compelling reasons"

in the opinion of the lawyer, there is here a kind of hierarchy of constitutional norms. "Just for a restriction on the choice of equality before the law, you need not only good, but compelling reasons", is your evaluation. "The hurdle is particularly high, because of the choice of legal equality is a fundamental democratic condition."

I'm also the equality of the Constitution. It is however, in the specific embodiment, joint electoral lists impose no constitutionally compelling reason. In order to reach equality, there is, in principle, also other possibilities. "About the appeal to the parties to reach you about your installation process, or the fact that the reconciliation of work and family, work and party work is improved."

the Bundestag and the right to vote in a Reliable small, reliable female?

This is also the approach that the Union and the Free Democrats prefer. You do not want to overload in addition to the upcoming electoral law reform in the Bundestag. Especially the CDU and CSU are against a strong incision in the constituency of geography. Oppermanns model would mean that instead of the currently 299 constituencies, only 120 were left. In addition, it would, it has recently been pointed out to the Friedrichshafen political scientist Joachim Behnke in the daily mirror, the objective of the reduction of the Bundestag counteract.