Federal President Frank-Walter Steinmeier is unlikely to dwell on the question of whether errors in the federal election count could be so serious that the BSW would have to become MPs and the majority black-red coalition would lose. The Bundestag is responsible for verifying elections. Only after the vote can a complaint be filed, but to the Federal Constitutional Court. That’s what the Constitution wants.
The legitimacy problem is obvious
This means that parliamentarians are, so to speak, the judges in their own case and, with a majority of votes in government, can reject election objections that could jeopardize their authority to take action. It is clear that this procedure raises legitimacy problems. But things are even better: There is no deadline for a decision by the election verification committee.
In the last legislative period, more than two years passed before there was clarity regarding the need for new elections in Berlin. If BSW files an objection, then things might move a little faster – something the Federal Constitutional Court already requested in August.
The warning given to the Bundestag was very harsh – to the point that the Bundestag’s behavior could be unconstitutional. Now it’s up to him to refute the suspicion of taking advantage. Woe to democracy’s reputation if it doesn’t.
