Definition and Function of the Committee of Inquiry
Ein Committee of Inquiry is a parliamentary body established by a parliament to investigate specific incidents, grievances, or actions of the executive or administration. Its purpose is to independently examine matters of particular public interest and report back to the parliament. The committee of inquiry is a central instrument of legislative oversight over the executive and plays an important role in the system of separation of powers.
Legal Basis of the Committee of Inquiry
Constitutional Foundations
In the Federal Republic of Germany, the right to establish committees of inquiry is enshrined in the Basic Law. Article 44 of the Basic Law (GG) governs the establishment, powers, and procedures of such committees for the German Bundestag. Corresponding state law provisions exist for the state parliaments in their respective state constitutions and state parliamentary acts.
Article 44 GG – Federal Level
According to Article 44 (1) GG, the Bundestag has the right, and upon the request of one quarter of its members the obligation, to establish a committee of inquiry. This binds the parliamentary majority and ensures that minorities in parliament can also initiate investigations.
Provisions Under State Law
Analogous regulations on establishing committees of inquiry are enshrined in the state constitutions and the respective rules of procedure of the state parliaments. The state parliaments have their own committees of inquiry with corresponding rights and obligations, adapted to the respective requirements of state law.
Statutory Provisions
Act on Committees of Inquiry (PUAG)
The Act Regulating the Law of Committees of Inquiry of the German Bundestag (Untersuchungsausschussgesetz, PUAG) specifies the rights and procedures of the committee of inquiry established in the Basic Law. Among other things, it regulates the powers, procedures, rights and obligations of witnesses, as well as the handling of evidence.
Rules of Procedure
The rules of procedure of the Bundestag and the state parliaments contain further provisions on the organization, implementation, and reporting of the work of the committees of inquiry.
Establishment and Composition
Right of Application and Resolution
The establishment of a committee of inquiry occurs upon application by at least one quarter of the members of the respective parliament or on the initiative of a parliamentary majority. The precise procedure for establishment is governed by the Basic Law as well as by the PUAG.
Composition
The committee of inquiry is formed in accordance with the strength of the parliamentary groups in the parliament. This is intended to ensure a mirror image of the balance of power in parliament and to reflect political diversity. The committee may co-opt additional members or consult experts to support the investigation.
Duties and Powers
Investigative Mandate
The mandate of a committee of inquiry is determined by parliament and specifies the particular issues or circumstances to be investigated. The subject of the investigation is usually narrowly defined, as the committee is bound by its resolution of establishment.
Gathering of Evidence and Investigative Powers
Committees of inquiry have extensive powers to collect evidence, comparable to judicial investigations. They can:
- Summon and examine witnesses
- Consult experts
- Request records and other evidence
- Conduct inspections at specific locations
Witness testimony is usually given in public, unless data protection or security interests dictate otherwise.
Legal Limits on the Investigative Activity
The work of the committee of inquiry is limited by constitutional principles (e.g., separation of powers, fundamental rights). In particular, the general right of personality, the right to informational self-determination, confidentiality obligations, or ongoing investigations and court proceedings may restrict investigative powers.
Procedure and Process
Procedural Principles
The investigative procedure is guided by the principle of openness and transparency, but also takes into account the protection of the legitimate interests of those affected and third parties. The process includes:
- Preparation and establishment of the investigation plan
- Summoning and examination of witnesses and experts
- Analysis of files and collection of evidence
- Evaluation of evidence and reporting
Rights and Obligations of Witnesses
Persons summoned to testify before a committee of inquiry are generally required to give evidence, but may invoke rights to refuse testimony or to refuse to answer (e.g., right against self-incrimination, protection of close relatives). Rights from criminal procedure (e.g., presumption of innocence, presence of legal counsel) similarly apply.
Submission of Documents and Obligation to Produce Records
Authorities, ministries, and the administration are generally obliged to provide the committee of inquiry with the requested records. Restrictions apply, for example, to the protection of state secrets or during ongoing investigations.
Results and Aftereffects
Final Report
Upon completion of the investigation, the committee of inquiry submits a written final report to parliament. This report contains a presentation of the facts, an assessment of the evidence, and recommendations to parliament. Minority reports may be attached.
Political and Legal Consequences
The work of committees of inquiry can lead to the uncovering of grievances, personal consequences (e.g., resignation of office holders), or improvements to legal regulations. The committee does not decide legal disputes and has no sanctioning powers, but submits its findings to parliament for further political or legal assessment.
Distinction from Other Committees
Committees of inquiry differ from other parliamentary bodies such as commissions of inquiry, study commissions (Enquete-Kommissionen), or standing committees mainly by virtue of their statutory mandate for comprehensive fact-finding and their quasi-judicial investigative powers.
Conclusion
The committee of inquiry is an essential instrument of parliamentary oversight. It strengthens the separation of powers and serves democratic transparency by independently investigating wrongdoing or grievances in government and administration. The establishment and work of the committee are comprehensively regulated by constitution, laws, and rules of procedure. Its powers and procedures ensure effective oversight but are nevertheless subject to the protection of fundamental rights and other legal restrictions.
Frequently Asked Questions
How is a committee of inquiry established in the Bundestag from a legal perspective?
The establishment of a committee of inquiry in the German Bundestag is governed by Article 44 of the Basic Law (GG). This regulates the minority right to initiate such a committee. At least one quarter of the members of the Bundestag can demand the establishment; a majority decision is therefore not required. The respective application must contain a specific investigative mandate, which must be clearly defined both in factual and legal terms. Formally, the submission is made as a Bundestag printed matter, which is discussed in plenary. The specific modalities – such as composition, chairmanship, rules of procedure, and working procedures of the committee – are then determined by a Bundestag decision and by the Bundestag’s rules of procedure. The content and scope of the investigative mandate are binding on the committee; any amendment or extension can be decided only by the Bundestag, not by the committee itself.
What legal powers does a committee of inquiry have?
A committee of inquiry possesses extensive investigative powers that closely resemble those of a public prosecutor’s office. Based on the Act Regulating the Law of Committees of Inquiry of the German Bundestag (Untersuchungsausschussgesetz – PUAG), a committee can in particular summon witnesses and experts, request files (including from ministries and other authorities), request searches, and collect evidence. The detailed procedural rules are established by both the GG and the PUAG. The committee can impose coercive measures, for example, against witnesses who are absent without excuse or who refuse to testify. Swearing in of witnesses is also possible. However, the powers of the committee must always be compatible with the fundamental rights of those concerned, particularly the protection of personal rights, the right to a fair procedure, and the right to refuse testimony.
Who is obliged to testify and what rights do witnesses have in committee proceedings?
All persons who can contribute to clarifying the facts are obliged to testify before a committee of inquiry. Witnesses can include members of the federal government, public service employees, and private individuals. As a rule, their obligation to testify is governed by §§ 21 ff. PUAG. However, witnesses enjoy rights to refuse testimony under the PUAG as well as under other legal provisions – such as criminal procedure law (§§ 52 ff. StPO) and the Basic Law – in particular if they or close relatives may face criminal disadvantages. In addition, witnesses are entitled to legal counsel and, if applicable, compensation for expenses and loss of earnings. Special rules on obedience apply to civil servants, for whom the duty to testify is secondary to the duty of confidentiality unless they are released from confidentiality.
To what extent is the federal government required to provide records?
The obligation of the federal government to provide records to a committee of inquiry is, as a rule, very broad. It stems from parliament’s oversight function and is expressly laid down in the PUAG and in Art. 44 GG. The federal government must provide the committee with all files and documents relevant to the investigation. However, there are limits where, for example, national interests, external or internal security, or the protection of particularly sensitive personal data would be jeopardized by disclosure. In such cases, the federal government may refuse or restrict handover. In the event of a dispute about the lawfulness of such a refusal, the Federal Constitutional Court can decide. Furthermore, the committee is obliged to maintain confidentiality, especially with respect to documents classified as “classified information.”
What role does the principle of publicity play in committee of inquiry proceedings?
The principle of publicity is a central legal guideline for the work of parliamentary committees of inquiry and serves parliamentary oversight as well as democracy through informational transparency. As a rule, meetings are held in public unless there are important reasons, such as the protection of personal rights, national interests, or ongoing investigations, to the contrary. In individual cases, the committee may decide to hold non-public meetings (§ 17 PUAG). Public meetings may be documented by audio or video transmission. The applicable data protection regulations must always be observed. Minutes and evidence are generally accessible to the public unless the committee decides otherwise or statutory provisions preclude this.
What legal protection mechanisms exist against the publication of personal data?
The protection of personal data in the context of committees of inquiry is legally regulated by data protection laws, in particular the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), as well as specifically by the PUAG and the Bundestag’s rules of procedure. Personal data may only be processed and published if this is strictly necessary for fulfilling the investigative mandate and no overriding legitimate interests of the data subject conflict with it. The committee must take measures to anonymize, block, or redact data if sensitive information is affected. If reports or minutes are to be published, persons concerned must be informed in advance and may be entitled to a hearing or to legal protection against publication.
What are the legal consequences of making false statements before a committee of inquiry?
False statements before a committee of inquiry are punishable pursuant to §§ 153 ff. of the Criminal Code (StGB). Making a false statement under oath (§ 153 StGB) and perjury (§ 154 StGB) is prosecuted as before a court. The committee of inquiry is obliged to report a suspected false statement to the competent public prosecutor’s office. There is a strict distinction from administrative offences: Even an intentionally false statement, made without being sworn in, can result in a prison sentence. This serves to safeguard the ascertainment of the truth and underlines the quasi-judicial character of committee proceedings. Failure to provide information or concealing essential facts may also have criminal consequences. The specific legal provisions and penalties applied depend on the degree of the duty to testify, the status of the person questioned, and whether an oath was administered.
