Oral hearing in the proceedings concerning the right of members of the government to issue political statements on Wednesday, 21 July 2021, 10:00 a.m.

Press Release No. 49/2021 of 17 June 2021

Reference: 2 BvE 4/20, 2 BvE 5/20

The Second Senate of the Federal Constitutional Court will conduct an oral hearing on

Wednesday, 21 July 2021, 10:00 am,
in the courtroom of the Federal Constitutional Court, Schlossbezirk 3, Karlsruhe,

concerning the applications filed by the political party Alternative für Deutschland (AfD) in two Organstreit proceedings challenging the Federal Chancellor (2 BvE 4/20) and the Federal Government (2 BvE 5/20) respectively. The proceedings concern a statement made by the Federal Chancellor on 6 February 2020 and its publication on the Federal Chancellor's website (www.bundeskanzlerin.de) (2 BvE 4/20), as well as the publication of the same statement on the Federal Government's website (www.bundesregierung.de) (2 BvE 5/20).

Legal background:

On 5 February 2020, an election was held in the Thuringia Landtag (state parliament) to select the Prime Minister of the Free State of Thuringia. When neither of the two candidates - Bodo Ramelow as the candidate jointly put forward by the parliamentary groups of SPD, DIE LINKE and BÜNDNIS 90/DIE GRÜNEN and Christoph Kindervater as the candidate put forward by the AfD parliamentary group - obtained the required absolute majority in the first two rounds of voting, the FDP parliamentary group nominated Thomas Kemmerich as an additional candidate for the third round. The candidate who obtains the majority of votes in the third round wins the election. Thomas Kemmerich was elected by virtue of receiving 45 out of 90 votes. Bodo Ramelow received 44 votes, Christoph Kindervater received none and there was one abstention.

On 6 February 2020, the Federal Chancellor - who had been on an official visit to South Africa and Angola since the beginning of February 2020 - commented on the election of the Prime Minister of Thuringia as follows while attending an official reception with the President of South Africa Cyril Ramaphosa:

'Ladies and Gentlemen, as I have already told the President, I would - for domestic political reasons - like to start by making a preliminary remark concerning yesterday's election of the Prime Minister of Thuringia. The election of this Prime Minister was an unprecedented event that contravened a fundamental belief held by both the CDU and myself - the firm belief that majorities are not to be obtained with the AfD's assistance. Given that the events were foreseeable in a situation where the election went to a third round of voting, what happened is unforgiveable and the result must therefore be undone. The CDU, at least, must not play any part in a government led by the elected Prime Minister. It was a bad day for democracy.'

This statement was published under the headline 'Press Conference of Federal Chancellor Merkel and the President of the Republic of South Africa Cyril Ramaphosa' on the Federal Chancellor's website (www.bundeskanzlerin.de) and the Federal Government's website (www.bundesregierung.de).

The applicant submits that, in making this statement and publishing it on the websites, the respondents violated their duty of neutrality in political debate - thereby also violating the applicant's right to equal opportunities of political parties - by impermissibly exercising official authority and using state resources to disseminate a negative characterisation of the applicant. The respondents contend that neither the statement nor its publication are objectionable under constitutional law. They assert that the Federal Chancellor made her statement not in her official capacity but as a party politician. Furthermore, they claim that the statement was addressed exclusively to the Federal Chancellor's party - the CDU - and merely affected the applicant indirectly. The respondents assert that the publications were justified in particular by the purpose of providing a comprehensive record of the official reception.

The outline of the oral hearing can be accessedhere. The oral hearing will be conducted on the premises of the Federal Constitutional Court.

Information for the general public

Persons wishing to attend an oral hearing or the pronouncement of a judgment are most welcome but must register at the following address:

Mr Stadtler
Postfach 1771, 76006 Karlsruhe, Germany
Phone: +49 721 9101-400
Telefax: +49 721 9101-461
Email: [email protected]

When registering, please state your surname, first name, date of birth and contact details (phone or fax number or email address).

Please refer to the Federal Constitutional Court'sData Protection Statementfor information on the protection of personal data (Arts. 13 and 14 GDPR) in the context of visitor registration. The Data Protection Statement is available under the heading 'Data Protection' on the Federal Constitutional Court's website. A paper-based version of the Data Protection Statement may also be requested.

Visitor seats will be allocated in the order in which the registrations are received.

Accreditation requirements for journalists

Accreditation

The accreditation process opens upon publication of this press release and closes at 12:00 noon onThursday, 15 July 2021. After this period, accreditation is no longer possible.

Please use the formprovided for accreditation requests. The form must be fully completed and signed. If applicable, a copy of a valid press card must be enclosed; this is only necessary for the first accreditation during the card's term of validity. The accreditation request may be sent by email to[email protected]or by fax to +49 721 9101 461. Accreditation requests sent to any of the Court's other email addresses or fax numbers will not be considered.

Members of the Justizpressekonferenz Karlsruhe e.V. may send their accreditation requests to the Federal Constitutional Court's Press Office without having to use the form.

Accreditation requests will be considered in the order in which they are received. If requests are received simultaneously, accreditation will be awarded by drawing lots. A few days after the expiry of the deadline, the Federal Constitutional Court will notify the applicants by email whether their accreditation was successful or not.

Please refer to the Federal Constitutional Court's Data Protection Statement for information on the protection of personal data (Arts. 13 and 14 GDPR) in the context of the accreditation process. The Data Protection Statement is available under the heading 'Data Protection' on the Federal Constitutional Court's website. A paper-based version of the Data Protection Statement may also be requested.

Availability and allocation of seats

Due to current measures to curb the spread of the coronavirus, only 15 seats are available for media representatives in the galleries both inside and outside the courtroom. Seats are allocated in the order in which requests are received. Media representatives who are unable to obtain a seat in the press gallery may follow the oral hearing in the press room or - provided seats are available - in the courtroom itself.

An audio transmission from the courtroom will be fed to the press room. The press room is equipped with 18 desks. There is a limited number of power outlets available for laptops. The Federal Constitutional Court cannot guarantee the availability of mobile phone coverage or internet access.

Additional rules concerning the courtroom

When in the courtroom, it is not permissible to make phone calls, send tweets or other messages, retrieve digital data or use the internet in any way. Electronic devices which can be used for these purposes - in particular mobile phones, laptop computers and tablet computers - maynot be used in the courtroom. Media representatives may obtain permission to use computers in offline mode in the press gallery if it is ensured that the devices are not used for audio or image recording or for data transmission.

Taking photographs and filming; pooling

1. It is permissible to take photographs, shoot film and make audio recordings until the presiding Justice of the Senate establishes the presence of the parties to the proceedings. After that, photographers and camera teams must leave the courtroom floor. A separate room on the first floor will be available for those who wish to wait in the building. Pronouncements of judgments may be fully transmitted in audiovisual formats.

2. Media pools will be set up for taking photographs and filming in the courtroom. Two television teams (a public and a private television station with a maximum of three cameras each) and six photographers (four agency photographers and two freelance photographers) will be admitted to the courtroom. The providers of pool coverage undertake to supply their photographs and video footage upon request to other radio and television stations, as well as to photographic agencies.

Willingness to provide pool coverage must be explicitly stated with the accreditation request. Providers of pool coverage are appointed according to the order in which the accreditation requests are received. If requests are received simultaneously, pool coverage providers are allocated by drawing lots. The television stations, agencies and photographers so chosen are free in determining the members of their teams.

3.When taking photographs and filming in the courtroom, photographers, camera operators and other media representatives must ensure that the Justices have an unobstructed view in all directions. It is not permitted to enter the area behind the Justices' bench. Instructions by court staff must be complied with. Taking photographs and filming is only permitted with silent devices and without a flash.

4. After the end of the oral hearing or the pronouncement of the judgment and during the lunch break, it is permitted to interview, film or photograph the parties to the proceedings or other individuals in the reception room on the first floor and the foyer on the ground floor.

Vehicles of radio/television crews and technicians

There is only a limited number of parking spaces available for SNG vehicles, editing vehicles and OB vans. If accredited journalists require parking space, they must indicate this along with their accreditation request on the form provided. Parking spaces are allocated in the order in which the requests are received. The following information is required for the allocation of parking space: number plate, vehicle type, make, dimensions (L x W x H in metres), weight and, if applicable, a request for the Federal Constitutional Court to provide electrical hook-up.

The vehicle details and the names, dates of birth and ID card numbers of the accompanying technicians may be submitted at a later date than the request for parking space. The formprovided must be used. This also applies to media represented by members of the Justizpressekonferenz. The form must be sent byemail to the address[email protected]or by fax to +49 +721 9101 461 by no later than 12:00 noon on Monday, 19 July 2021.

Media representatives with allocated parking space may set up their equipment between 9:00 a.m. and 6:00 p.m. on the day before, and between 7:00 a.m. and 9:00 a.m. on the actual day of the oral hearing or the pronouncement of the judgment.

Setting up studios

The press office must be consulted in advance if media representatives wish to set up a studio. Studios may be set up in the reception room on the first floor and in the foyer on the ground floor.

This information is based on § 17a of the Federal Constitutional Court Act in conjunction with the supplementary provisions laid down by the First and the Second Senate of the Federal Constitutional Court.

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