OPPENLÄNDER successfully defends state parliament (Landtag) in organ dispute proceedings

The lawsuit was brought by the AfD parliamentary group in the state parliament of Baden-Württemberg, which had long been trying to send representatives to the board of trustees of the State Agency for Civic Education. However, the parliamentary group has repeatedly failed due to resistance from the other parliamentary groups in the state parliament, as they did not elect the AfD candidates each time.

The Baden-Württemberg Constitutional Court ruled on 05.02.2024 that the AfD’s complaint was partly inadmissible and partly unfounded.

“The state parliament was allowed to determine the parliamentary members of the board of trustees by free election and was therefore not required to follow the proposals of the AfD state parliamentary group, nor did it have to justify the election result in more detail,” said Prof. Dr. Malte Graßhof, President of the Constitutional Court of Baden-Württemberg, when explaining the ruling.

Our lawyers Prof. Dr. Christofer Lenz and Dr. Henrike Schulte, specialized in constitutional law, represented the state parliament in this dispute between organs.

Further information can be found in the press release of the Constitutional Court of Baden-Württemberg (in German only).