Hearing in the Budget Committee: Lawyers disagree about whether the budget is ready for decision

Hearing in the Budget Committee: Lawyers disagree about whether the budget is ready for decision


In the Budget Committee of the Bundestag, legal scholars have come to different conclusions regarding the consequences of the Karlsruhe budget ruling. According to the Union-appointed legal scholar Hanno Kube from the University of Heidelberg, the Bundestag must prepare a supplementary budget for the current year.

According to Kube, it is not only the Climate and Transformation Fund (KTF), which is directly affected by the ruling and is intended to finance the climate-friendly restructuring of the German economy, that is affected. The Economic Stabilization Fund (WSF) to cushion high electricity, gas and district heating prices poses similar problems. Under these circumstances the Household Not ready for a decision for the coming year, Kube judged.

“All in all, there needs to be another cash fall.” Only when the budget for the current year is constitutionally secured can the budget for the coming year be planned and achieved in accordance with the constitution. Before that, a budget decision for the coming year stands on feet of clay.

A lawyer appointed by the Greens believes the decision is possible

After the Federal Constitutional Court’s budget ruling, the Federal Ministry of Finance blocked numerous items in the federal budget. The Federal Ministry of Finance then blocked the commitment authorizations from the 2023 budget. These are financial commitments for the coming years that can be used for multi-year projects. This Tuesday the Budget Committee will hear Bundestag Experts on the consequences of the verdict.

Legal scholar Henning Tappe, on the other hand, believes that a budget resolution for the coming year is possible even after the Karlsruhe ruling. If the Bundestag decides against transferring projects from the climate protection fund to the budget for 2024, only editorial changes will be necessary, said the expert appointed by the Greens at the meeting. Such a decision could be made if the Climate and Transformation Fund had additional resources that were not affected by the ruling.



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