Police action in the Bundestag was unconstitutional

Police action in the Bundestag was unconstitutional

Berlin. The intrusion of police officers into the office of the left Bundestag member Michel Brandt in September 2018 was unconstitutional. Brandt had hung Kurdish symbols on the office windows during a visit to Erdogan. These have been removed.

© Frederico Gambarini / dpa
A look into the plenary hall of the Bundestag.

This was decided by the Federal Constitutional Court in Karlsruhe with a decision published on June 9th. The President of the German Bundestag, Wolfgang Schäuble (CDU), violated the right of the MP under Article 38 of the Basic Law. (2 BvE 2/19)

Large prints of a Kurdistan flag and a pennant of the Kurdish Defense Forces YPG were hung on Brandt’s office windows during a visit by the Turkish President Recep Tayyip Erdogan A4. Brandt was not in the office, police officers entered with a central key and removed the printouts. The Bundestag administration also justified the intrusion by saying that Erdogan supporters were provoked by the posters and could have carried out actions against the Bundestag.

The constitutional judges see the police’s actions at the German Bundestag as an interference with the constitutionally protected Member’s status. “This intervention is not justified.” The procedure was not proportionate in the narrow sense. “In the specific case, the indications of a dangerous situation were weak.” In addition, it was not evident that the posters were noticed by passers-by or that they were used to attack the parliament building or the employees. There was also no attempt to reach the MP, said the Second Senate.

Article 38 of the Basic Law ensures that MPs have the right to use the space allocated to them without interference from third parties.



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