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Oral hearing in the proceedings “Exclusion from voting rights in the European elections” on Monday, 15 April 2019, at 2:00 p.m.
Press Release No. 23/2019 of 02 April 2019
Reference: 2 BvQ 22/19
The Second Senate of the Federal Constitutional Court will conduct an oral hearing on
Monday, 15 April 2019, at 2:00 p.m.,
in the courtroom of the Federal Constitutional Court,
Schlossbezirk 3, 76131 Karlsruhe
regarding an application for a preliminary injunction by members of the German Bundestag from the BÜNDNIS 90/DIE GRÜNEN, DIE LINKE and FDP parliamentary groups seeking a suspension of § 6a(1) nos. 2 and 3 of the European Elections Act (Europawahlgesetz – EuWG) and § 6a(2) no. 1 in conjunction with § 6a(1) nos. 2 and 3 EuWG in the ninth European parliamentary elections held on 26 May 2019.
1. § 6a(1) nos. 2 and 3 EuWG excludes German citizens from the right to vote in European elections if they are placed under full guardianship, with the exception of cases where only a temporary guardian is appointed on the basis of a preliminary injunction (no. 2), or if they are confined in a psychiatric hospital on the basis of a court order pursuant to § 63 in conjunction with § 20 of the Criminal Code (no. 3). Pursuant to § 6a(2) no. 1 EuWG these instances of exclusion from the right to vote also apply to EU citizens to whom the above conditions apply.
By Order of 29 January 2019 – 2 BvC 62/14 –, the Second Senate of the Federal Constitutional Court declared the exclusion from voting rights laid down in § 13 no. 2 of the Federal Elections Act (Bundeswahlgesetz – BWahlG), which is identical in wording to § 6a(1) no. 2 EuWG, incompatible with Art. 38(1) first sentence and Art. 3(3) second sentence of the Basic Law (Grundgesetz – GG). In addition, the Court declared void § 13 no. 3 BWahlG, which is identical in wording to § 6a(1) no. 3 EuWG, based again on a violation of Art. 38(1) first sentence and Art. 3(3) second sentence GG. In light of this decision, the German Bundestag subsequently adopted a resolution for the introduction of inclusive voting rights, submitted by the CDU/CSU and SPD parliamentary groups (Bundestag document, Bundestagsdrucksache – BTDrucks 19/8261), in its 87th parliamentary session on 15 March 2019. The resolution provides that the voting right exclusions in § 13 nos. 2 and 3 BWahlG and § 6a(1) nos. 2 and 3 EuWG shall be repealed by 1 July 2019. Prior to the adoption of this resolution, the German Bundestag rejected a proposal calling for an immediate repeal of the respective voting right exclusions under the Federal Elections Act and the European Elections Act submitted by the BÜNDNIS 90/DIE GRÜNEN, DIE LINKE and FDP parliamentary groups (BTDrucks 19/3171 and 19/8261) in the same parliamentary session.
2. In the applicants’ view, the Order of the Second Senate of 29 January 2019 would indicate that the exclusion from voting rights laid down in § 6a(1) nos. 2 and 3 EuWG and in § 6a(2) no. 1 in conjunction with § 6a(1) nos. 2 and 3 EuWG are likewise unconstitutional. The applicants contend that these statutory provisions must therefore not be applied in the upcoming European elections on 26 May 2019, as applying these provisions in the elections could result in a violation of fundamental constitutional principles. According to the applicants, the fact that the political parties participating in the elections have already presented their lists of candidates does not rule out the issuing of a preliminary injunction granting the relief sought, given that the current proceedings do not concern the right to stand for elections. Moreover, they argue that adding the persons currently excluded by § 6a(1) nos. 2 and 3 EuWG or by § 6a(2) no. 1 in conjunction with § 6a(1) nos. 2 and 3 EuWG to the electoral roll before the European elections take place would require relatively little effort. Lastly, it is submitted that the Code of Good Practice in Electoral Matters issued by the European Commission for Democracy through Law (Venice Commission), according to which electoral law should not be modified within one year of elections, does not conflict with the preliminary injunction sought by the applicants.
The outline of the oral hearing can be accessed here.
The Court expects to commence its deliberations directly following the oral hearing and to pronounce its decision without delay.
Information for for the General Public
Persons wishing to attend the oral hearing or the pronouncement of the judgment are welcome but must register at the following address:
Mr Stadtler
Postfach 1771, 76006 Karlsruhe, Germany
Phone: +49 721 9101-400
Telefax: +49 721 9101-461
Email: besucherdienst@bundesverfassungsgericht.de
When registering, please indicate your surname, first name, date of birth, and contact data (a phone or telefax number or an e-mail address).
Please refer to the Federal Constitutional Court’s Data Protection Statement for information on the protection of personal data (Arts. 13 and 14 GDPR) in the context of visitor registration. The Data Protection Statement is available on the Federal Constitutional Court’s website under the heading “Data Protection”. You may also request a paper-based version of the data protection statement.
The visitors’ seats will be allocated in the order in which the registrations are received.
Accreditation Requirements and Information for Journalists
Accreditation
The accreditation procedure starts when this press release is published and ends on Thursday, 11 April 2019, at 12:00 am. After this period, accreditation is no longer possible.
Please use the form provided for accreditation requests. The form must be filled in completely and signed. If applicable, a copy of the valid press card must be enclosed; this is only necessary for the first accreditation during the card’s term of validity. The accreditation request may be sent by e-mail to presse@bundesverfassungsgericht.de or or by telefax to +49 721 9101-461. Accreditation requests sent to other e-mail addresses or telefax numbers of the Court will not be considered.
Members of the Justizpressekonferenz Karlsruhe e.V. may send their accreditation requests to the Federal Constitutional Court’s Press Office without having to use the form.
Accreditation requests will be considered in the order in which they are received. If requests are received simultaneously, accreditation is awarded by drawing lots. A few days after the expiry of the deadline, the Federal Constitutional Court will notify the applicants by e-mail whether their accreditation was successful or not.
Please refer to the Federal Constitutional Court’s Data Protection Statement for information on the protection of personal data (Arts. 13 and 14 GDPR) in the context of the accreditation procedure. The Data Protection Statement is available on the Federal Constitutional Court’s website under the heading “Data Protection”. You may also request a paper-based version of the data protection statement.
Availability and Allocation of Seats
The press gallery in the courtroom holds a total of 42 seats for media representatives, 11 of which are reserved for members of the Justizpressekonferenz. Seats are allocated on a first-come, first-served basis. Media representatives who cannot obtain a seat in the press gallery may follow the oral hearing in the press room or – provided seats are available– in the courtroom itself.
There will be an audio transmission from the courtroom to the press room. The press room is equipped with 60 desk workplaces. A limited number of power outlets for laptop computers is available. The Federal Constitutional Court cannot vouch for the capacity of mobile telephone and data networks.
Additional Rules Concerning the Courtroom
It is not permissible to make phone calls, tweet or send other messages, retrieve digital data, or use the internet in any way within or from the courtroom. Allelectronic devices which can be used for these purposes, in particular mobile phones, laptop computers and tablet computers, may not be used in the courtroom. Media representatives may obtain permission to use computers in offline mode in the press gallery if it is ensured that the devices are not used for audio or image recording or for data transmission.
Taking Photographs and Filming; Pooling
1. Taking photographs, filming, and audio recording is permissible until the presiding Justice of the Senate has established the presence of the parties to the proceedings. After that, photographers and camera teams must leave the courtroom level (including the foyer outside the courtroom and the press gallery). They may go to the reception room on the first floor. Pronouncements of judgments may be fully transmitted by audiovisual means.
2. Media pools will be set up for taking photographs and filming in the courtroom. Two television teams (a public and a private television station with a maximum of three cameras each) and six photographers (four agency photographers and two freelance photographers) will be admitted to the courtroom. The pool representatives undertake to supply, upon request, their photographs and films to other radio and television stations, as well as to photographic agencies.
Willingness to be a pool representative must be explicitly stated with the accreditation request. Pool representatives are appointed according to the order in which the accreditation requests are received. If requests are received simultaneously, the function of pool representative is allocated by drawing lots. The television stations, agencies, and photographers so chosen are free in determining the members of their teams.
3. When taking photographs and filming in the courtroom, photographers, camera operators, and other media representatives must ensure that the Senate has an unobstructed field of vision in all directions. Taking photographs, filming, and audio recording from behind the Justices’ bench is not permissible. Instructions to this end by the court staff must be complied with. Taking photographs and filming is only permitted with silent devices and without a flash.
4. After the end of the oral hearing or pronouncement of judgment, and during the lunch break, a period of 20 minutes is allocated for interviewing, filming, or photographing the parties to the proceedings or other individuals in the courtroom itself. After this time, only the reception room on the first floor and the entrance hall on the ground floor are available for this purpose.
Vehicles of Radio and Television Teams; Technicians
There are only a limited number of parking spaces available for SNG vehicles, editing vehicles, and OB vans. If accredited journalists require parking space, they must indicate so along with the accreditation request on the form provided. The parking spaces are allocated in the order in which the requests are received. The following information is required for the allocation of parking space: number plate, vehicle type, make, dimensions (L x W x H in metres), weight and, if applicable, request for the Federal Constitutional Court to provide electrical hook-up.
The names, dates of birth, and ID card numbers of the accompanying technicians, and the vehicle data may be submitted after the request for parking space. The form provided must be used for this. This also applies to media represented by members of the Justizpressekonferenz. The form must be sent by email to the address presse@bundesverfassungsgericht.de, or by telefax to +49 +721 9101-461, by Thursday, 11 April 2019, 12:00 noon, at the latest.
Media representatives with allocated parking space may set up the equipment on the day before the oral hearing from 9:00 am to 6:00 pm, and on the day of the oral hearing or the pronouncement of the judgment between 7:00 am and 9:00 am.
Setting up of Studios
The Press Office must be consulted in advance should media representatives wish to set up a studio. Studios may be set up in the reception room on the first floor and in the entrance hall on the ground floor.
This information is based on § 17a of the Federal Constitutional Court Act in conjunction with the supplementary provisions laid down by the First and the Second Senate of the Federal Constitutional Court.