not just to the Federal Government alone, but to the joint responsibility of the Bundestag and the Federal Government (cf. BVerfGE 124, 78 <123 and 124>). Parliament and its organs may not be subjected to the same treatment as such external
parties that are considered groups of persons in relation to which it is necessary to
keep information secret in order to protect the welfare of the state. As matter of principle, the welfare of the state can therefore not be invoked in relation to the Bundestag
if effective safeguards for preventing the disclosure of official secrets have been put
in place on both sides. The fact that compliance with such regulations on the confidentiality of official secrets does not provide an absolute assurance against the risk
of disclosure does not merit a different result. This risk exists in relation to all three
branches of government (BVerfGE 67, 100 <136>; 124, 78 <124>).
The Rules on Confidentiality (Geheimschutzordnung) of the Bundestag, which form
part of its Rules of Procedure, set out detailed stipulations for the protection of official
secrets when exercising parliamentary functions. The duty to maintain confidentiality
arising under parliamentary regulations is affirmed by penal sanctions set out in
§ 353b(2) no. 1 of the Criminal Code (Strafgesetzbuch – StGB) (cf. BVerfGE 67, 100
<135>; 137, 185 <240 para. 149>). In addition, the Parliamentary Committee of Inquiry Act regulates the protection of state secrets in § 14(1) no. 4, § 15, § 16 and
§ 18(2) PUAG (cf. BVerfGE 124, 78 <124 and 125>). These provisions on the protection of confidentiality show that Parliament would not be able to exercise its legislative
powers, its budget powers or its powers of parliamentary oversight without participating in secret knowledge of the Federal Government (cf. BVerfGE 67, 100 <135>; 137,
185 <240 and 241 para. 149>).
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Nevertheless, the confidentiality provisions of the Bundestag do not affect the Federal Government’s own responsibility for maintaining official secrets that is derived
from the governmental powers with which it has been entrusted (BVerfGE 67, 100
<137>; 70, 324 <359>; 137, 185 <241 para. 150>). In particular, the Federal Government is not obliged to hand over to the Bundestag classified documents containing official secrets if the Bundestag does not guarantee the confidentiality considered necessary by the Federal Government (cf. BVerfGE 67, 100 <137>; 137, 185 <241 para.
150>).
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e) In addition, pursuant to Art. 1(3) GG, parliamentary committees of inquiry have
the duty to respect fundamental rights. This may also give rise to limitations on the
right to collect evidence (BVerfGE 67, 100 <142>; 77, 1 <46>; 124, 78 <125>).
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f) Finally, the right to collect evidence is limited in the event of abuse of rights. Accordingly, motions to hear evidence may be rejected if they are evidently designed
with a view to creating delays (BVerfGE 105, 197 <225>; 124, 78 <128>).
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3. If the Federal Government invokes its right to refuse the handing over of evidence
to a committee of inquiry for reasons rooted in constitutional law, it has a constitutional duty to substantiate the reasons for doing so (cf. BVerfGE 124, 78 <128>). […]
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