The alternative for Germany has filed a preliminary injunction before the Federal Constitutional Court in Karlsruhe. Because of doubts about the quorum of the Bundestag during a meeting on 28 June, the party had already filed in July the application for an injunction, said Stephan Brandner. Brandner represents the AfD as chairman of the legal committee in the Bundestag.
With the order, the Federal Constitutional Court should prohibit Federal President Frank-Walter Steinmeier from signing three laws passed at the meeting. In addition to the application before the Constitutional Court, the AfD had also sent a letter to the Federal President. In it they had asked the German head of state not to sign the laws. With this procedure one wants to achieve that the nocturnal vote of 28 June is repeated "with a quorum able Bundestag", said the AfD-politician Brandner.
At the meeting of the Bundestag shortly before the parliamentary summer break, the AfD faction had demanded to check the presence of a quorum by a so-called "weaner jump". The idea of a 'mutton jump' is a voting and counting procedure in which Members go through different doors one at a time and are counted. However, the Bundestag Vice-President Claudia Roth (Greens) had rejected this request of the AfD in agreement with the meeting management. Roth had stated that the quorum was given. As a result, two votes on European Data Protection Data Protection Proposals took place and three laws were passed.
For the Bundestag to be considered quorate, at least 355 members of parliament must be present, ie half of its members. If there are any doubts about the presence of a quorum, a political group - or a group of at least five percent of the members of the Bundestag - can request that those present be counted. However, this is only possible if the chairman of the board does not consider the quorum to be valid.
An "abyss of parliamentarism in German post-war history"
On the day after the meeting, the AfD had called the elders' council of the Bundestag. The Council of Elders declared the conduct of the meeting to be right.
However, Brandner stated that only a maximum of 100 MPs attended the meeting at 1:30 in the night. He referred to the parliamentary television and self-made photos. He described the incident as an "abyss of parliamentarism in German post-war history." The first parliamentary managing director of the AfD parliamentary group, Bernd Baumann, also spoke of a "bad incident".
Neither Brandner nor Baumann had participated in the night's session.
Criticism of the AfD's approach came from the FDP: "The AfD wants only once again denigrate the democratic institutions, they abused the Constitutional Court as propaganda," said the First Parliamentary Director Marco Buschmann the German Press Agency.