Tuesday, January 19, 2021

Jochen Haug, January 14, 2021, Election Law

German Bundestag, Plenarprotokoll 19/204, pp. 25715-25716.

Herr President. Ladies and gentlemen.

We here today shall decide that the holding of nominations assemblies for the Bundestag election is at least partially not possible. Yet to that I ask directly back: Why should I and my delegation conform to an incorrect statement? – Assemblies are possible, and indeed without danger to life and limb. We straightforwardly document that here and now. We here are holding an assembly so as to decide that assemblies are not possible. Apparently you of the coalition delegations for once fail to remark the paradox of your motion, a motion which you first yesterday placed in the daily order almost as a surprise, and which would, should it be decided, lead to a complete overthrow of the law of the nomination of candidates.

Why have you not brought in a motion of this important kind with the appropriate preliminaries? That shows already your bad conscience in regards what you are here attempting.

But now to the content of your motion: Why then shall he nominations assemblies not be possible?

Mahmut Özdemir (SPD-Duisburg): It is called right and law. With that, you thus have your problem.

 I gladly hear that from you. That is funny. –

You base the alleged impossibility before all on that in some Federal States the Corona decrees do not allow nominations assemblies. Aha! First, you order a hard lockdown, with massive limitations on the citizens – you speak in your motion of a resolution of the Chancellor and the chiefs of the State governments and thereby show what our constitutional order is worth to you, since there is no such governing body – 

            Ansgar Heveling (CDU/CSU): Such nonsense!

and then it is said: Because we have the lockdown, we cannot assemble ourselves to choose candidates for the Bundestag election. That is grotesque. You thus refer to an allegedly legal impossibility which you yourselves have brought about. Decisive, however, is whether it actually is impossible to hold assemblies and that is – this you also know; we here are certainly demonstrating it – plainly not the case.

Beyond that, it becomes truly embarrassing,

            Ansgar Heveling (CDU/CSU): Truly embarrassing is what you are doing! 

when the allegedly legal impossibility is in no way presented. You refer in your motion to the situation in Nordrhein-Westfalen, of which you write – I cite with permission of the President - : “In Nordrhein-Westfalen is the holding of nominations assemblies presently in fact excluded.” – For that, you refer to a provision in the NRW Corona protection decree which is not at all pertinent.

            Ansgar Heveling (CDU/CSU): Certainly!

No, it is not.

            Ansgar Heveling (CDU/CSU): Certainly! Read §13!

We can later speak over the norm. You have cited a wrong number.

Actually in Nordrhein-Westfalen, assemblies are currently taking place – in conformity with the there applicable decree. Go to Nordrhein-Westfalen! This was held without a problem, in keeping with the hygiene provisions.

            Ansgar Heveling (CDU/CSU): Probably an old Corona decree!

There are only two possibilities: Either you do not at all know of what you are speaking,

           Albrecht Glaser (AfD): Ja, that is always so with Helveling!

or you wish to lead us behind the lights. 

Your reason in no case provides a sustainable basis for determining the impossibility of the holding of assemblies.  

Yet it is not only that the impossibility, which according to your wishes the Bundestag shall determine, is certainly not presented – your request on substantive grounds is to be vehemently contradicted. You here honestly want, without necessity, to surrender an important principle of democracy, the principle of in person assembly. For democracy however, the exchange of arguments and opinions among those present is fundamentally important. It cannot not and ought not here be a matter of playing the protection of health against the maintenance of democratic processes which have been established over decades.

It is thus under present conditions possible to hold assemblies in established ways in keeping with appropriate protective measures, and you know that.

            Vice-presdient Wolfgang Kubicki: Herr colleague, come to a conclusion.

Self-evidently, we reject your motion.

           Ansgar Heveling (CDU/CSU): Gott sei dank!

           Anton Friesen (AfD): Gott sei dank!

Thank you.

           Ansgar Heveling (CDU/CSU): Such nonsense!

 

[trans: tem]