The exclusion of Left Party parliamentarian Clara Bünger from the Bundestag’s Parliamentary Oversight Committee (PKGr) has drawn sharp criticism from constitutional law expert Frauke Brosius-Gersdorf, raising significant questions about parliamentary procedure and minority representation. Brosius-Gersdorf argues the decision is “constitutionally questionable” asserting that committees, particularly those with responsibilities mirroring the full parliament’s functions, must reflect the distribution of power amongst parliamentary factions.
According to established rulings from the Federal Constitutional Court, members of parliament possess a fundamental right to participate equally in legislative decision-making, a right that should extend to committee involvement. This necessitates a proportionality between faction strength and committee representation, a principle designed to safeguard the protection of minority viewpoints and ensure effective opposition. Brosius-Gersdorf emphasized that this principle creates a baseline obligation to elect nominees put forward by parliamentary factions and a desire to create a “firewall” against a particular party cannot legitimately override this.
While acknowledging the possibility of exceptional circumstances justifying non-election – specifically, concerns about a faction’s reliability or the nominee’s trustworthiness – Brosius-Gersdorf stressed that such grounds must be demonstrably present. She clarified that any disqualifications based on these concerns are particularly crucial given the sensitivity of information handled by the PKGr, requiring absolute discretion and trustworthiness from all members. Importantly, she added that a party or faction under observation by the Federal Office for the Protection of the Constitution (Verfassungsschutz) could potentially offer a legitimate basis for withholding a seat.
The situation underscores deeper tensions surrounding the composition of the PKGr, particularly given the ongoing scrutiny of the Alternative for Germany (AfD), which is officially classified as a suspected extremist case by the Verfassungsschutz. Refusal to select AfD nominees previously ignited similar controversy and the Left Party’s continued exclusion creates a significant power imbalance within the committee; currently, only one representative of the opposition, Konstantin von Notz (Greens), sits on the panel, while the conservative Union faction holds three seats and the SPD controls two. The outcome raises concerns about whether the oversight function of the PKGr – designed to provide critical checks on intelligence agencies – is being effectively fulfilled, or if the prevailing political dynamics are hindering its impartiality.
