The exclusion of Left Party (Die Linke) parliamentary member Clara Bünger from the Bundestag’s parliamentary oversight committee (PKGr) has drawn sharp criticism from constitutional law expert Frauke Brosius-Gersdorf, raising concerns about potential constitutional breaches. Brosius-Gersdorf contends that the decision to block Bünger’s election is “constitutionally questionable” arguing that parliamentary committees, particularly those dealing with sensitive matters like intelligence oversight, must faithfully reflect the composition of the full Bundestag.
According to established jurisprudence from the Federal Constitutional Court, members of parliament possess a fundamental right to participate equally in the formation of political will and decision-making processes. This right extends to committee participation and all political factions should be treated equitably based on their parliamentary strength. In this view, excluding a nominated candidate simply to establish a perceived firewall against a particular political group constitutes a circumvention of these principles.
Brosius-Gersdorf underscored that the proportional representation of factions within committees serves a critical function – protecting minority voices and ensuring effective parliamentary opposition. While acknowledging a theoretical exception where demonstrably compelling reasons exist to justify non-election, such as concerns over a faction’s reliability or a candidate’s trustworthiness, she insists that a simple political disagreement is not a sufficient basis for exclusion. She specifically noted that the integrity and discretion of PKGr members are “of elementary importance” and that observation by the Federal Office for the Protection of the Constitution (Verfassungsschutz) could, in exceptional circumstances, provide justifiable grounds for rejection.
The jurist refrained from commenting on the earlier failed candidacy attempts of AfD representatives, a party currently under observation by the Verfassungsschutz due to suspicions of right-wing extremism. The Left Party’s repeated inability to secure a seat for Bünger leaves significant gaps within the PKGr, creating an imbalance skewed heavily towards the government parties: the CDU/CSU (three representatives), the SPD (two) and leaving the Green Party’s Konstantin von Notz as the sole representative of the opposition. This configuration raises questions about the committee’s capacity for genuine independent oversight and the risk of government dominance in sensitive intelligence matters.