In a fundamental ruling on the interpretation of the state constitution, the Constitutional Court of Baden-Württemberg has strengthened both the legislator’s leeway in electoral law and the people’s right to act as legislators by means of direct democracy. The Ministry of the Interior had rejected a referendum initiated by the FDP entitled “Prevent XXL state parliament!” as inadmissible. The reason for this was the assumption that the reduction from 70 to 38 constituencies would leave too little of the constitutional requirement of personal choice. The Constitutional Court took a different view and thus ruled in favor of the representatives of the referendum petition represented by OPPENLÄNDER.
Oppenländer regularly represents state bodies and companies before constitutional courts. In addition to Prof. Dr. Christofer Lenz and Dr. Henrike Schulte, the team also included Dr. Maximilian Stützel and Annika Witte-Paz was active here. OPPENLÄNDER partner Dr. Torsten Gerhard and lawyer Dr. Vera Dörrfuß also conduct proceedings of a constitutional court nature.
Press release by the Constitutional Court of Baden-Württemberg (in German only)
Referendum against larger state parliament approved, article in F.A.Z., 28.02.2025 (in German only)
