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This process is remarkable: the President of the Bundestag, Wolfgang Schäuble, assists 708 members of the Bundestag with their parliamentary duties.
As more and more MPs, also in BILD, complain about the excessive powers to which the federal government can be attributed, Schäuble offers detailed tutorials on self-confident democratic control. In a two-page letter to all the parliamentary groups that BILD has, the President of the Bundestag explains how the representatives of the people can and should bring the GroKo to the Kadars.
“There is concern about whether the extremely intense and broad-based encroachments of fundamental rights in the context of the crown pandemic can be based on a mere blanket clause like Section 28 (1), sentence 1 IfSG,” writes Schäuble. At the point mentioned in the Infection Protection Law, the authorities have the power to determine “sick persons or suspects or suspected of infection” if necessary.
In simple terms: even under suspicion, by invoking this paragraph, a free citizen can become a detainee deprived of a whole range of basic rights. In reality, outrageous rule of law for the worst emergencies.
Because a free parliament cannot simply allow such interventions to take place, Schäuble continues: “The rule of law and the principle of democracy oblige parliamentary legislators to make essential decisions for themselves and not leave them in the hands of the administration. The more intensive and effective the violation of fundamental rights, the greater the density of regulation must be under parliamentary law. “
In other words: if the people’s representatives don’t know for themselves when to go to the barricades for their citizens and pat the government on the fingers, there is a gift from the boss.
Then follows a full list of steps on how this can be done:
► Members must formulate very specific conditions on when and under what conditions rights can be restricted.
► You must expressly request deadlines for each measure.
► And they should also limit the authorization to govern with such emergency rules, so that the responsible authorities always have to obtain fresh approval from parliaments.
“It could be stipulated, for example, that state governments can only issue ordinances due to the existence of the epidemic emergency according to Section 5 (1) IfSG until the end of 2020,” writes Schäuble.
The “epidemiological emergency” currently applies until March 2021. A new extension is currently underway.
Furthermore, the Bundestag could request to be informed periodically and without being asked about the progress of the measures. Furthermore, Schäuble suggests: “The level of democratic legitimacy of such ordinances could and should be increased by subjecting the ordinances to the approval of the Bundestag. Alternatively, statutory ordinances (as is customary in foreign trade law) can be designed to be repealed by the Bundestag. “
In other words: The parliamentary president expressly remembers that the sovereign in the form of parliament has the last word.
