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Hesse Constitutional Court Largely Rejects AfD Challenge to COVID Inquiry Limits

The court underscored strict limits on minority inquiry rights, leaving the Landtag’s narrowed mandate in place.

Overview

  • The Staatsgerichtshof dismissed most of the AfD complaint, holding that many of the party’s questions were too imprecise, prejudicial, or outside state competence.
  • Only four of the more than 40 deleted questions must be allowed, raising the inquiry’s permissible scope from seven to eleven topics.
  • The judges declined to alter the committee’s size, keeping it at 16 members with three AfD seats after the party sought a 15-member panel to secure 20 percent representation.
  • The ruling is declaratory and unappealable, voiding no parliamentary acts and imposing no orders on the Landtag.
  • Four of the eleven judges issued a dissent arguing for a less-reduced mandate, even as the court’s majority left the Landtag’s reductions largely intact.