Roderich Egeler
President of the Federal Statistical Office
Press release August 10, 2009
Federal Returning Officer to support the work of OSCE observers at Bundestag election
WIESBADEN – The decision of the Organisation for Security and Co-operation in Europe (OSCE) to accept the invitation of the Federal Government and monitor the election to the 17th German Bundestag was expressly welcomed by the Federal Returning Officer. ”We will support the work of the OSCE observers as best we can and are looking forward to an exchange of experience“, said Federal Returning Officer Roderich Egeler.
In line with the agreements reached between the participating countries, the Federal Government had invited the OSCE to observe the election. Following the visit of a delegation in July this year, the OSCE had announced in a report of 5 August that there would be an election observation. From mid- September to the beginning of October, twelve observers in Germany will study, among others, the legal framework of the Bundestag election, the campaigning of the parties, media coverage and the poll on election Sunday. An exchange with the Federal Returning Officer about technical matters is also planned.
The Federal Returning Officer also reports that he will be glad to discuss with the OSCE election observers on that occasion the procedure of admitting parties to the Bundestag election. “If the OSCE observers should have further questions on that subject, we will of course answer these questions and present in detail how political associations have been recognised as parties for the Bundestag election in accordance with Section 18 (4) number 2 of the Federal Elections Act in keeping with the law and existing legal provisions“, said Egeler.
The present legal situation does not allow for any correction of decisions taken by the Federal Electoral Committee – which is chaired by the Federal Returning Officer – on the admission of political associations as parties to the Bundestag election by the Federal Electoral Committee itself. Roderich Egeler stressed that the Federal Electoral Committee takes its decisions in keeping with the law while pointing out that he regards the discussion about the Federal Elections Act in some media as positive. “The benchmark for decisions of the electoral bodies can only be the legislation in force. However, it is proof of democracy being alive if laws and ordinances in force are continuously discussed and suggestions are made as to their revision“.
Pursuant to Section 49 of the Federal Elections Act, the only legal remedy which may be used against decisions of the Federal Electoral Committee is an appeal to be lodged within a period of two months after election day. This has been confirmed once again by the Federal Constitutional Court in its latest decision of 31 July 2009 (compare press release of 7 August 2009).
On 17 July 2009, the Federal Electoral Committee had decided on the admission of political parties to the Bundestag election of 27 September 2009. In addition to the eight parties represented in the Bundestag or in a Land parliament, the Committee had admitted 21 political associations as parties to the Bundestag election. The Federal Electoral Committee had not admitted 31 other political associations which had not met the legal requirements for party status according to the legal definition of Section 2 of the Party Law. At its meeting of 6 August 2009, the Federal Electoral Committee then decided on four appeals lodged against the decisions of the Land electoral committees of 31 July 2009 on the admission or rejection of Land lists. These four appeals were rejected by the Federal Electoral Committee (compare press release of 6 August 2009).
For further information please contact:
Thomas Riede,
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