Definition and significance of exclusion from a parliamentary group
Der Exclusion from the parliamentary group refers, in the parliamentary context, to the formal removal of a member from a parliamentary group within a parliamentary body, especially in legislatures such as the German Bundestag, state parliaments, or municipal representative bodies. It constitutes a far-reaching interference with the rights of a mandate or group member and is of substantial political and legal significance.
Legal basis and formal requirements
Constitutional framework
The exclusion from a parliamentary group is rooted in the organizational autonomy of the parliamentary groups. Parliamentary groups are associations of members within parliaments who pursue common political goals. They are neither explicitly regulated in the Basic Law nor recognized as constitutional bodies, but they enjoy internal organizational autonomy for self-administration (§§ 53 ff. GOBT). Exclusion may not affect the rights arising from the free mandate under Art. 38 (1) sentence 2 of the Basic Law (GG).
Rules of procedure
The statutory requirements for exclusion from a parliamentary group are essentially governed by the respective rules of procedure, such as those of the Bundestag (GOBT) or the state parliaments. Additionally, many parliamentary groups have their own written statutes or rules of procedure that detail the process for exclusion.
Important requirements usually include:
- Sufficient reason: A significant reason, such as serious violations of group discipline or the reputation of the group.
- Observance of the principle of proportionality: Exclusion is only the last resort and comes into consideration if milder measures, such as a reprimand or temporary exclusion from group meetings, promise no success or have already been unsuccessful.
- Transparency and rule of law: The affected member must be heard. The exclusion is decided by a majority resolution of the group, with the voting majority determined by the relevant statute.
Federal Parliament example
In the Bundestag, the group statutes regulate the procedure. The GOBT does not provide any explicit provision regarding exclusion but allows autonomy. According to Art. 21 (1) sentence 3 GG, group membership can be revoked, provided a significant reason exists; the standards correspond to those of party expulsion procedures, but with adjustments for the specific concerns of the parliamentary group.
Substantive requirements for exclusion from a parliamentary group
Important reason
Exclusion from a parliamentary group typically requires the existence of an important reason. This includes particularly:
- Serious violations of the principles and objectives of the group
- Breach of confidentiality and loyalty obligations
- Disruption of group work
- Harming the public reputation of the group
A single, minor misconduct is not sufficient. The assessment always depends on the individual case.
Procedure and legal remedies
The process is generally regulated in the group’s statutes or rules of procedure. A mandatory prerequisite is the prior hearing of the affected member. The decision to exclude can be challenged informally; however, there is no direct entitlement to membership in a parliamentary group, as this is not an executive, but rather a relationship governed by private law.
Legal effects and consequences of exclusion from a parliamentary group
Loss of group rights
Exclusion from a parliamentary group results in the loss of all rights and obligations arising from group membership, including:
- Voting rights within the group
- Access to confidential group information
- Opportunities to participate in group decisions
- Access to group rooms and infrastructure
- Group-related financial benefits
The parliamentary mandate is not affected. The excluded member remains a member of parliament and may, if applicable, join another group or act as a non-affiliated member.
Impact on parliamentary work
Exclusion from a parliamentary group can have significant effects on parliamentary work. Non-affiliated members are generally excluded from the established group system and the corresponding resources and opportunities. For instance, they usually have less speaking time, less organizational support, and restricted participation rights in committees.
Legal protection against exclusion from a parliamentary group
Internal and external review options
In principle, the excluded member does not have a direct right to legal action against group exclusion in state courts, as groups are not public bodies but associations sui generis. Nevertheless, depending on how the exclusion procedure is structured, judicial review may be possible, especially if fundamental rights are affected, for instance in cases of serious procedural violations or infringement of general personal rights.
In some cases, the courts have recognized that review by administrative or civil courts may be possible, particularly when the constituent rights of a member of parliament are affected (cf. BVerfG, decision of October 26, 2002 – 2 BvE 4/14).
Relationship to internal party expulsion procedures
A distinction must be made from the party expulsion procedure. While party expulsion concerns the continued existence of party membership, exclusion from a parliamentary group exclusively affects membership in the group. Thus, exclusion from a group does not necessarily result in party expulsion, but may, in particularly serious cases, trigger such a procedure.
Exclusion from parliamentary groups in municipal councils and state parliaments
The legal standards for exclusion from a parliamentary group apply, with content adjustments, at all parliamentary levels, including municipal councils. Municipal groups usually regulate exclusion in their own statutes. The relevant municipal constitutions or local government acts occasionally contain explicit provisions.
Summary and significance in parliamentary practice
Exclusion from a parliamentary group is an essential instrument of the self-organization of parliamentary groups and a necessary consequence of the internal effectiveness of political work and decision-making processes. Its legal framework is characterized by strict formal and substantive requirements to ensure, on the one hand, the functionality of the group and, on the other, to protect the free mandate of the member of parliament. A balanced process and the opportunity for legal protection are of central importance to place the exclusion from a group on a sustainable political and legal foundation.
Frequently asked questions
What legal bases regulate exclusion from a parliamentary group in the German Bundestag and in state parliaments?
Exclusion from a parliamentary group is neither explicitly regulated in the Basic Law nor in ordinary law, but arises chiefly from the statutes or rules of procedure of the relevant group. These rules are in turn based on parliamentary laws and, in some cases, on the Parties Act, if party membership is affected. In the Bundestag, § 10 (1) GOBT (Rules of Procedure of the Bundestag) requires parliamentary groups to adopt their own statutes, which, among other things, regulate the procedure and requirements for exclusion from the group. At the federal state level, the rules of procedure of the state parliaments also typically refer to group statutes. Legally relevant are also the provisions on the status of members in parliament: exclusion from a group does not result in the loss of the parliamentary mandate but only the loss of rights within the group. The principle of equal treatment and the prohibition of arbitrariness under Art. 3 GG must always be observed, as must procedural principles such as the right to be heard and written documentation.
What formal requirements must an exclusion procedure from a parliamentary group meet?
The formal requirements for exclusion from a parliamentary group arise from the relevant group statute or rules of procedure. Fundamentally, the affected member must be informed of the specific reason for exclusion. The procedure must ensure that the member can defend themselves and, where appropriate, respond to the allegations (right to be heard). The decision to exclude must be taken at a properly convened group meeting and in accordance with the statutory majority requirements. Frequently, a qualified quorum is required, such as a two-thirds majority. The decision to exclude should be put in writing and delivered to the affected person. In some statutes, there is an internal right of appeal or complaint against the exclusion. The entire procedure must also be designed to withstand legal scrutiny in terms of transparency and documentation, as subsequent reviews (see legal remedies) may be relevant.
To what extent can exclusions from a parliamentary group be subject to judicial review?
Exclusion from a parliamentary group can, in principle, be subject to judicial review; however, the scope is limited. Courts may, for example, review whether the procedure was conducted properly and the rights of the affected member were upheld, particularly regarding the prohibition of arbitrariness (Art. 3 GG) and the right to be heard (Art. 103 (1) GG). Essentially, group status is an internal parliamentary legal position, so recourse to administrative or ordinary courts may be available, but seldom to constitutional courts. The standard of review usually focuses on obvious violations of procedural or fundamental rights, with a substantive assessment of internal group affairs being rare. It should be noted that exclusion from a group does not constitute withdrawal of the mandate; the free mandate under Art. 38 GG remains unaffected.
What are the effects of exclusion from a parliamentary group on the rights and obligations of a member of parliament?
After exclusion from a group, the member of parliament retains all rights and obligations as a member of parliament, in particular the free mandate as well as voting and speaking rights in plenary sessions. However, all rights tied to group membership are affected: this includes participation and voting rights in group committees, certain rights to make motions (such as major or minor questions, bills) that require the group’s quorum, and participation in confidential internal group discussions. Participation in certain committees may also be affected if committee seats are allocated according to group strength. Budgetary resources, personnel, and work resources assigned via the group are usually forfeited. Publicly, the individual loses the political backing of the group; non-affiliated status often leads to disadvantages in influence and working conditions in parliamentary practice.
What reasons are typically legally recognized as a basis for exclusion from a parliamentary group?
Reasons for exclusion from a group must be consistent with the group’s statutes and general legal principles. Typically, these are serious breaches of the principles or unity of the group, such as continuous and significant violations of group discipline, gross disloyal acts, persistent public questioning of joint resolutions, or violation of fundamental legal or ethical standards (e.g., defamatory statements, criminal conduct, conduct damaging to the party). The reasons for exclusion must be provable and documented, as they must withstand judicial or internal parliamentary review in the event of a dispute. Political differences alone are generally insufficient; rather, there must be a serious, lasting discord with the group.
Is there an internal or judicial right of appeal against exclusion from a parliamentary group, and how is it structured?
Whether there is an internal or judicial right of appeal depends essentially on the group’s statutes. Many groups allow the excluded member to appeal the exclusion to an internal appeals or arbitration body within a certain period. This body then makes a final decision or issues a recommendation. Regardless of this, recourse to the regular courts (administrative or civil) is also possible if a violation of procedural or fundamental rights is asserted. In legal practice, however, courts primarily review compliance with formal and constitutional minimum standards, not political expediency. An appeal usually does not have a suspensive effect unless this is explicitly provided for or ordered by a court.
What is the relationship between exclusion from a parliamentary group and exclusion from a party?
Exclusion from a parliamentary group and exclusion from a party are strictly separate legal matters, even though they are often interconnected in political practice. Exclusion from a group concerns only the parliamentary organizational form and has no direct effect on party membership. Conversely, party expulsion proceedings can be conducted independently of group status and follow their own rules under the Parties Act (particularly § 10 PartG). However, some statutes stipulate that party expulsion automatically results in exclusion from the group or vice versa, but this must always be explicitly regulated. In all cases, the basic principles of the right to be heard and the possibility of judicial review apply to these interactions.
