[ad_1]
In the camp of the candidate for president Friedrich Merz at the base of the CDU there is strong resistance to the decision of the federal executive committee to postpone the congress of the federal party of the CDU and thus the election of the party leadership. Since advocates for political parties find postponement legally problematic, some even consider filing a complaint with the federal arbitration court or civil court.
“We must exhaust all legal means to take action against the postponement of the party congress,” said Merz supporter Gerhard Oertel, a CDU MP at the Ballenstedt town hall in Saxony-Anhalt, SPIEGEL. “The decision made by the federal executive committee does not correspond to the will of the base of the CDU. We as a party cannot allow that,” said Oertel. “A lawsuit would be the right way to go here.” Therefore, you plan to file a lawsuit as a member.
Even Frank Scheurell, a member of the state parliament of the CDU of Saxony-Anhalt, does not rule out a lawsuit. “I will closely examine the legal options,” Scheurell told SPIEGEL. Advocates asking members about party leadership. “Now we should listen to the soul of the party. A survey of the members would finally provide an unadulterated picture of the party’s will.”
The CDU federal executive decided on Monday to cancel the federal party conference scheduled for December 4 with 1001 delegates and postpone the next election of the new federal president until next spring. The reason for this is the increasing number of corona infections, which made such a large gathering difficult.
Friedrich Merz had been deeply angered by the decision and doubted that the development of the crown was decisive. In interviews, Merz accused the “party establishment” of wanting to impede him as party leader. His competitor, the Prime Minister of North Rhine-Westphalia, Armin Laschet, needs “more time to improve his performance.”
Merz had called for the party congress to be held digitally on the scheduled date and then for the president to be elected by letter. The party leadership reserves this option for early next year. Online voting is not possible in the current legal situation.
Following the rejection, the CDU now enters the super 2021 election year with an unresolved power issue. A successor for Annegret Kramp-Karrenbauer may not have been found until the important state elections in Rhineland-Palatinate and Baden-Württemberg in mid-March. Merz’s heavy attacks also lead to fears of a month-long mud battle to claim leadership.
In this situation, requests for a member survey could increase. Such a strike vote on the federal presidency is not possible under the Political Parties Law. However, parties can ask their members about it without obligation, the actual election would have to be made by delegates in a federal party congress.
The SPD, for example, took this path in electing its presiding duo Norbert Walter-Borjans and Saskia Esken. In the last election for the CDU presidency, the Saxony-Anhalt state association conducted a non-binding membership poll as a mood test, from which Merz came out as the clear winner.
If a third of the CDU state associations requested a member survey, the federal executive would have to decide on this option. According to information from SPIEGEL, there are currently considerations and corresponding agreements between various state associations.
A lawsuit before the federal arbitration court would also be possible after the party congress, which could affect the legal certainty of the president’s election. “In my opinion, postponing the party congress is illegal,” party lawyer Sophie Schönberger told SPIEGEL. “The political parties law was adapted on short notice. However, the law still states that parties must elect a new federal president every two years. There is legal ambiguity here.” Therefore, it is not ruled out that a plaintiff against postponement may also do well in civil court.
Legal counsel does not see legal difficulties
Law professor Martin Morlok also sees this contradiction in party law, but considers it less worrisome. “It is now clearly regulated in the law of associations that an automatic extension of terms due to Corona also refers to the positions of the party,” Morlok told SPIEGEL. However, it cannot be ruled out that the courts arrive at a different assessment. In this regard, there is actually an uncertainty here.
When all the general secretaries of the CDU from the federal states called on Monday, the CDU legal adviser and the federal managing director, according to information from SPIEGEL, emphasized that there were no concerns about postponing the party congress. Some participants also understood this as a warning not to take legal action if they do not agree to the postponement.
