The SPD parliamentary group harbors reservations against the plans of Interior Minister Alexander Dobrindt (CSU). Dobrindt proposes a so-called “Investment Protection Law” intended to prevent the socialization of large housing stocks in Berlin. However, according to Hakan Demir, the spokesperson for real estate law, if Dobrindt truly intends to lawfully prohibit such socialization, he must follow the standard procedure and amend the Basic Law. Demir noted to the “Tagesspiegel” that Dobrindt is aware he does not possess the necessary two-thirds majority for such an amendment, suggesting he is proceeding on legally precarious ground.
Demir pointed out that the concrete regulations Dobrindt is planning lack any foundation in the Basic Law. Specifically, the Interior Minister aims to mandate that compensation be strictly determined by market value, a constraint not explicitly stipulated by the Basic Law. Furthermore, he argues that Article 15 of the Basic Law, which addresses potential socialization, does not provide for an “ultima ratio” (last resort) provision.
Sitting on the SPD committee for law and interior affairs, Demir fears that these regulations will be struck down by the Federal Constitutional Court. He stated that Dobrindt is attempting to establish a federal prohibition against state action regarding concurrent legislation, which contradicts existing jurisprudence from the Federal Constitutional Court. This stance, Demir warned, violates the constitutional framework, as a federal law must not be used solely to exclude state legislators from enacting laws.
This approach, the SPD politician emphasized, calls the entire structure of concurrent legislation into question. He expressed understanding of any Berlin state government that might appeal to the court in Karlsruhe to overturn this legislation.
Interior Minister Dobrindt had previously explained how his proposed Investment Protection Law, negotiated with the Christian Democratic Union, aims to stop the socialization initiative targeting approximately 160,000 homes owned by major real estate corporations, which was put forward by the Left Party, the Greens, and the SPD in Berlin. His ministry has already submitted key policy points for the planned law.
