(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
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
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.
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