German Bundestag, Plenarprotokoll 20/28, pp. 2451-2452.
Frau
President. Ladies and gentlemen.
We are
occupied today with an alteration of the general equal treatment law. Yet if
the draft law is for once looked at more precisely, the disillusionment is
great; since – colleague Wolf has already made mention of it – it is not about
content, it is about an appointment to positions.
Kaweh Mansoori (SPD): The content comes in a second step.
The
appointment of the anti-discrimination leadership positions was lately many
times – we have already heard from Herr Lehmann – challenged by a competing
action. Yet it now does not somehow affect a lawful selection decision, though
the posts were left vacant for four long years, and now the legislature should
rule as quickly as possible. The applicant shall no longer be named by the
Family Minister upon the proposal of the Federal government, but he shall be
elected by the Bundestag.
Ulle Schauws (Greens): Ja! Then you also can vote. That is just super!
Yet how nice
that a suitable applicant can be now heaved into office without needing to fear
a disagreeable competing action!
Irene Mihalic (Greens): Oje!
Dear
colleagues, daily in the public service numerous posts will be bestowed. Just because
the Family Ministry is not in a position for a lawful selection process, nevertheless
no law need be changed, Herr Lehmann.
Ulle Schauws (Greens): It also has to do with the theme’s higher value and importance! If for once you made yourself aware of it!
Simply
suffices the strict adherence to the best selection. Here for once take
remedial aid! Naturally this does not work if one wants to unconditionally
assist a political favorite into this position. Nevertheless, give a bit more
effort to the objections!
According to
the draft law, the applicant shall be elected by the Bundestag. Yet behind the
scenes the decision, as before, abides with the executive; since without a
proposal from the Federal government, an election simply does not take place. It
is thus a fairy tale. The leadership positions certainly do not obtain a
higher value as a result of an election proceeding.
Ulle Schauws (Greens): Just!
Since the executive still holds in its hands the decisive threads as before.
Ulle Schauws (Greens): Naturally is that a higher valuation!
Ja, you think so.
In addition,
the new regulation contradicts a central determination of our constitutional
law, namely the separation of powers principle of Article 20, paragraph 2, line
2, of the Basic Law. – Take a look, just for once, Herr Rix. – According to
this principle, the Bundestag has to limit itself to legislative activity and
the control of the government. The appointment to a service post in the public
administration is however neither legislation nor control.
Filiz Polat (Greens): You want to be a lawyer and have no idea!
And this
cannot be compared to the election of the Chancellor; since the election of the
Chancellor is an exception, and exceptions are always to be handled on a
limited basis.Thus the Bundestag elects neither the Ministers, the State
Secretaries or other applicants for the higher service in the Federal
officialdom. The recruitment of personnel is on the contrary the highest duty
of the executive.
Ulle Schauws (Greens): Crying does not make it better!
And even if
we here elect no minister: Why should it then be right with regards to the
separation of powers to appoint to an administrative post within a ministry by
means of an election? This in any case is not disclosed to me.
Stephan Brandner (AfD): To me
neither.
Irene Mihalic (Greens): You need not vote!
Once again, a
draft law of the coalition disregards our Basic Law. It is somewhat pitiful to
again need to look at how carelessly fundamental and unchanging pillars of a
free, democratic state of law will be dealt with, which such outstanding
thinkers as Aristotle, John Locke or Montesquieu have developed to stabilize a
state by means of the separation of powers.
We reject election by the Bundestag for the service posts. We will watch with close attention how many remaining friends of our Basic Law this sovereign house indeed still has.
Many thanks for
your attention.
Katja Mast (SPD): Old, white men!
Ulle Schauws (Greens): That was incompetent! Child-men!
You have understood simply nothing!
Filiz Polat (Greens): What an uncultivated man you are! Where did you have your upbringing?
[trans: tem]
