geändert / updated: 17/04/08


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(Lawmaking; 06-02; p.3)

Arguments of the senate's majority

The majority of judges declared the law to be invalid, because it had not been passed with a needed majority in the Bundesrat (par. 134).

They consider the Land Brandenburg having not voted unanimously (pars. 135-140). - Länder can only vote unanimously in the Bundesrat; if they do not, the question arises, how to proceed further.

The majority of the judges grant the Bundesrat's president as chairman of session the right to ask the Länder's delegates again to reach a clear vote. This right however is seen to be annulled if it is foreseeable that no unanimous vote can be reached during the session (par. 143).
Even if one concedes this right, the question may only be put to the Land as a whole (par. 150) and not only some delegates or just the minister-president as leader of the Land's government (pars. 147-149).

In its June-session the president had questioned the minister-president, but this had not been "a question in compliance with the form of the voting process" (translated, original in German; par. 152). Therefore, a second round of voting had not been opened (ibid.) and all following had no legal effect (par. 153).


Arguments of the Senate's minority

The minority of judges considers the law to be valid, the way that the majority had been brought about for legal (par. 180).

They concede that one can consider the voting of the Land Brandenburg "as unanimous at first" (translated, original in German; all following literal quotes are originally in German and translated as well), but recognise the following proceedings as second round of voting by which the unanimous voting had been corrected (par. 154).
(read on here)

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