Rhineland-Palatinate Government Removes Publications Amidst CDU Lawsuit
Following a lawsuit filed by the Rhineland-Palatinate CDU parliamentary group against the SPD Minister-President Alexander Schweitzer, the state government has removed the contested publications from its website. This was announced by the State Chancellery. The lawsuit centers around the principle of neutrality.
The state government aims to achieve "clarity in a comprehensive main proceeding and not a cursory examination in a preliminary injunction proceeding." A spokesman for the Constitutional Court stated that the State Chancellery had submitted its statement of position by the deadline of 2 PM. The CDU parliamentary group now has the opportunity to respond. Subsequently, a decision in the preliminary injunction proceedings may be made.
The CDU parliamentary group filed the lawsuit, alleging breaches of the principle of neutrality. According to the opposition faction, Schweitzer "engaged in partisan involvement in the discussion on migration policy in the Bundestag via the newsletter distribution list of the state government, the state government’s homepage, and in social media publications of the state government in his official function as minister-president."
The state government criticized the CDU parliamentary group for not initially seeking direct contact before filing the lawsuit. "It is the duty of a minister-president to stand up for and advocate the free democratic basic order," it stated. "This is what the publicly contentious discussion on dealing with right-wing extremism and right-wing populism is about."
Through the preliminary injunction proceedings, the CDU parliamentary group sought to have the publications removed. As the state government complied without the necessity of a court ruling in the preliminary injunction proceedings, the chairman of the CDU parliamentary group, Gordon Schnieder, stated: "We have achieved our first goal. With the removal of the publications, the preliminary injunction proceeding has become redundant." However, he emphasized that the lawsuit in its main proceedings would continue. "It was and remains justified." A possible violation of the principle of neutrality will now be decided in the main proceedings.
Background on the Principle of Neutrality
The principle of neutrality is enshrined in Article 33 of the Basic Law for the Federal Republic of Germany. It requires state authorities and their employees to act in a neutral and impartial manner in political and religious matters. This means that they must refrain from favoring or disadvantaging specific political parties, religions, or ideologies.
The principle of neutrality applies to all official acts of state authorities, including statements, decisions, and publications. It is intended to ensure the separation of state and politics, the equal treatment of all citizens regardless of their political affiliation, and the free formation of political opinions.
Constitutional Court’s Role in Enforcement
The Rhineland-Palatinate Constitutional Court is responsible for enforcing the principle of neutrality. It can review complaints against alleged violations of the principle and issue rulings prohibiting or reversing such actions. In this case, the court will determine whether Schweitzer’s publications violated the principle of neutrality.
Significance of the Ruling
The outcome of the lawsuit and the Constitutional Court’s ruling will have implications for the interpretation and enforcement of the principle of neutrality in Rhineland-Palatinate. It will also set a precedent for other states in Germany.
The case highlights the importance of maintaining political neutrality in government and ensuring that state authorities do not engage in partisan activities that could undermine public trust and the democratic process.
