Judgment in dispute over a police action against a member of the Bundestag: The police had obtained the key to the office of the left-wing parliamentarian Michel Brandt and had taken poster prints from the window panes: wrongly, as the Federal Constitutional Court now ruled. The judges of the Second Senate justified their decision that the Bundestag, represented by Wolfgang Schäuble, President of Parliament, had violated the right of the MP under Article 38 of the Basic Law.
A4 large prints of a Kurdistan flag and a pennant of the Kurdish defense units YPG - against which Erdoğan is fighting in the Kurdish regions - were hanging on Brandt's Bundestag office windows during a visit by Turkish President Recep Tayyip Erdoğan in September 2018. The Left Party is a staunch critic of Erdoğan. The windows pointed to a street that was closed when Erdoğan visited.
Brandt was not in the office when police officers from the Bundestag discovered the posters. The officers opened the door with a central key and took the printouts. The Bundestag administration justified this by saying that Erdoğan supporters could have been provoked by the posters and had carried out actions against the Bundestag.
The constitutional judges saw the actions of the police at the German Bundestag as an interference with the constitutionally protected parliamentary status. The procedure was not proportionate in the narrower sense. "In the specific case, the indications of a dangerous situation were weak," the judges write in their decision. In addition, it is not apparent that the posters were noticed by passers-by or were used to trigger attacks on the parliament building or the employees. There was also no attempt to reach the MP.
Article 38 of the Basic Law ensures that MPs have the right to use the space allocated to them without interference from third parties.
Brandt welcomed the decision. "I can only exercise my mandate in my office ... trustworthy and conscientious if the office is protected from access by unwanted people. The officials simply had no business in my office," said the MP. Brandt is known as a committed politician and speaker who is not afraid of direct verbal debate. While a speaker from the AfD faction stood at the desk, he called "Nazis out" and received a call for order.