Headnotes
to the Order of 13 October 2016
- 2 BvE 2/15 1. § 18(3) of the Parliamentary Committee of Inquiry Act (Untersuchungsausschussgesetz – PUAG) does not confer upon just any minority in the committee of inquiry standing to assert a possible violation of rights in Organstreit proceedings (dispute between highest
federal organs). Only the committee minority reflecting the specific or
potential plenary minority in the German Bundestag entitled to establish such committees within the meaning of Art. 44(1) first sentence of
the Basic Law (Grundgesetz – GG) has standing to assert a possible
violation of rights.
2. The right of a parliamentary committee of inquiry to collect evidence
is subject to limitations; any such limitation, including those set out
by ordinary statutory law, must be rooted in constitutional law (cf.
BVerfGE 124, 78 <118>). Accordingly, obligations arising under international law cannot immediately limit the parliamentary right to collect
evidence, given that these obligations do not have constitutional rank.
3. The Committee of Inquiry’s right to receive the requested NSA Selector Lists, which derives, in principle, from its right to collect evidence, has neither been satisfied by the appointment of an expert in a
position of trust (sachverständige Vertrauensperson), nor by the expert opinion submitted by that person.
4. The Committee of Inquiry’s right to collect evidence conflicts with
the Federal Government’s interest that state functions be exercised in
a duty-oriented manner and by the appropriate organ (funktionsgerechte und organadäquate Aufgabenwahrnehmung). These functions include the cooperation of intelligence services for the purpose
of effectively protecting the state and the Constitution.
5. In the present proceedings:
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