Rechtliche Regelungen des Fraktionsausschlusses im Bundestag und in den Landesparlamenten. Versuch einer Bestandsaufnahme

In: Zeitschrift für Parlamentsfragen, Band 50, Heft 2, S. 276-298

Abstract

Expulsions of delegates from parliamentary factions are impactful, albeit rare, events . Following a discussion in the German Association for Parliamentary Affairs in 2004, the procedural rules of more than two-thirds of the parliamentary parties represented in Germany's federal and state assemblies between February 2017 and February 2019 are examined on how such expulsions are regulated: A vast majority of parliamentary groups have made arrangements for such a case . However, significant differences persist with regard to what preconditions need to be met and what quorum is required for expulsion . From a constitutional point of view, it appears especially problematic that many parliamentary groups allow expulsions due to a loss of party membership, without mandating a formal expulsion process . Also, parliamentary groups which entered parliament in more recent years tended to have more specified rulebooks than those of more senior parties .