German Bundestag, Plenarprotokoll 19/236, pp.
30731-30732.
Right honorable Frau President. Ladies and gentlemen.
“Fair Consumer Contracts” stands out on the packaging of
this law and I fear it is a trick packaging. The pretentious title of this law
lets it be imagined that it deals with a comprehensive regulation of the law of
consumer contracts. Of that, there can be no talk. Here will be regulated two,
three clearly important yet nevertheless plainly specific matters.
In the hearing on this, the expert Schmidt-Kessel not by
chance said word for word, I may quote him – :
This law is in the tradition…of inflated legislative labeling which indeed declares itself politically, yet is not justified as good Legistik [drafting of legislation].
Colleague von Notz of the Greens delegation has recently
presented this with a bit more grip when he correctly said in the address to
the Justice Minister: You give your laws “stupefied [benackte] names”. That is what is there; at least on this point, he
is right.
When we ourselves look at the specifics of the regulation –
I will not go into the general analysis, but select only two, three things – ,
then we see there the very problematic regulation of the term of the contracts.
It is extremely complicated and not practical. This unconditionally requires a
further alteration and improvement. This regulation works in such an
intimidating way that scarcely any of it can be supported. The term of two
years effectively remains; this ought no longer be the case. Consider some of
the telephone contracts: Technical changes proceed so quickly that an agreement
to a two-year term is not appropriate for the customer. Here, the market itself
would lead to a better regulation.
The rolling back of telephone solicitation as a goal is to
be welcomed. In this area, there will be scarcely anyone who is not ordinarily
irritated that he is called for the purpose of closing some contract. It is
sensible that the consumer’s consent and the keeping of documentation will be
made the basis for that. I however fear there will be very many excuses from
the side of the vendors which can be easily contrived and will then make the
whole less effective.
Also not to be understood is why the regulations should
apply only for the energy delivery contracts. In the counseling centers and
somewhat in the consumer centrals, it is stated that the energy delivery
contracts are plainly not foremost, but the telephone contracts. Why at all
this restriction? It is not nearly substantiated and it is not comprehensible.
Allow me with this my last speech in the German Bundestag a
brief word in conclusion – I deliver no tearful farewell, do not worry! – : I
wish for the German Bundestag many reforms, root and branch. But at this late
hour, I may content myself with one, modest wish: It would be really nice if
the Bundestag would at least bring the labeling of its laws into better
agreement with their contents.
I thank you and wish you all well.
(Sustained applause from the AfD – members of the AfD rise)
[trans: tem]
