Parties and their foundations: what can politics cost?

A rare alliance recently formed before the Federal Constitutional Court. The Greens, the FDP and the Left are suing the reform of party funding from 2018. At that time, the grand coalition raised the upper limit for state contributions to 190 million euros a year; this corresponded to an increase of 15 percent. For the first time, the increase went beyond adjusting for general price developments. The three opposition factions did not understand why they came together. Not only is their alliance remarkable, but also their concern.

This became clear again when the constitutional judge Peter Müller turned to the procurator on the second day of the hearing.

“Somehow” the procedure was “an act of self-punishment,” said Müller.

Then he asked: “Why are you doing this?” He gave the parliamentary groups the chance to present their project on a big stage.

She wanted to break a "great lance" for the plaintiffs, replied the constitutional lawyer Sophie Schönberger.

In one or the other party headquarters one is not only happy about the process.

The plaintiffs are concerned with the constitution and trust in democratic institutions.

They acted expressly against their own interests.

Prevent the evil appearance

When so much decency is emphasized, one would like to be taken aback. But the cause that unites the unequal partners is actually honorable. This does not change what the representative of the Bundestag in Karlsruhe emphasized. Joachim Wieland said that it was in line with the opposition's considerations of benefit not to participate in a critical project because it would not win votes. A statement that does not provide any information about the content of a position. After all, keeping an eye on the voter is a basic requirement for political parties.

The FDP, Left and Greens show with the procedure that party democracy works - especially in a sensitive area. The system of party financing has to deal with a number of tensions. As mediators between the people and the state, parties are an integral part of representative democracy. For that they need money. To avoid dependencies, they shouldn't just have to rely on donations or membership fees. The state therefore contributes around a third of the budget; at the same time, the parties should remain rooted in society.

The exact measurement of the state subsidy is a matter for the legislature, which of course acts on its own behalf. He has to make an effort to avoid the appearance of self-service. The CDU / CSU and SPD did not succeed. Against all political practice, the government factions brought the project through parliament in a hurry, and the reasons were briefly and clichéd. Even the brief appearance of the SPD treasurer Dietmar Nietan in Karlsruhe showed that it could easily have been done better. He vividly described how the financial hardship of larger parties in particular has increased in recent years.

It is likely that Karlsruhe will restrain the legislature on party financing, which it will be is uncertain.

The court could impose special obligations on the Bundestag to give reasons, and the involvement of a commission of experts to determine financial needs is also conceivable.

Regardless of the outcome of the proceedings, it is commendable that the plaintiffs opposed the bad appearance that the Union and the SPD have created.

This expresses commitment to the rule of law, which the outgoing coalition should have shown long ago in another, quite related area: the funding of foundations affiliated with the party.

Government grants are plentiful

To this day there is no legal basis, and government grants are lavish. Last year the foundations of the CDU, CSU, SPD, Greens, FDP and Left received around 550 million euros. Since 1967, the budget legislature has been solely responsible for deciding whether and how much so-called global subsidies should be. Details are set out in a declaration on which the parties have agreed.

The Federal Constitutional Court approved the practice in 1986, but constitutional lawyers have long been calling for a law.

Since the AfD-affiliated Desiderius Erasmus Foundation came into being, which according to the previous practice could collect around 50 million euros annually, calls for a binding regulation have been louder.

However, the Greens are the only party in the upcoming traffic light coalition that has called for an “independent legal basis” in the election manifesto.

There is nothing on the subject in the FDP and SPD.

The future government should not wait until the Constitutional Court helps the legislature once again.