The Bundesverfassungsgericht has upheld the integrity of the current Bundestag, allowing it to proceed with pivotal financing decisions. On Friday, March 14, 2025, the court dismissed urgent applications from the Alternative for Germany (AfD) and the Left Party (Die Linke) aimed at halting the scheduled special sessions related to a financial package proposed by the Union and Social Democratic Party (SPD). The court argued the old Bundestag retains full authority until the newly elected parliament convenes on March 25.
The court's decision ensures the Bundestag can vote on the financial package, which includes substantial investments targeting defense and infrastructure, on Tuesday, March 18. This package seeks to amend the constitutional debt brake, facilitating increased borrowing for defense expenditures and creating a special fund of €500 billion dedicated to infrastructure projects. Importantly, negotiations confirmed the investments from this fund must be additional, allocated only for new projects and not for existing operations or consumer expenditures.
Negotiations leading to the vote also included the Greens, which agreed to the terms laid out by the Union and SPD. Specifically, €100 billion from the infrastructure fund is set to flow directly to the Klima- und Transformationsfonds (KTF). This partnership showcases the importance of the financial package amid concerns over Germany’s future defense and infrastructure capabilities.
"The election period of the old Bundestag concludes only with the convening of the new Bundestag," noted Katja Mast, the parliamentary manager for the SPD. "This has now been judicially confirmed," she added, heralding the decision as validation of their continued legislative efforts.
Although the Left Party expressed disappointment with the court's ruling, its leader Heidi Reichinnek accepted the outcome, stating, "What is lawful is not always right. We believe the new parliament should make significant decisions such as this, as it would have benefitted democracy and public trust." Nevertheless, the Left Party will continue to monitor the proceedings critically.
Conversely, the AfD remains undeterred. Party parliamentary manager Stephan Brandner continues to advocate for legal challenges against the speed of legislative amendments, declaring confidence in their potential for success. He argues, “Such decisions can only and should only be made by the newly elected Bundestag,” emphasizing concerns about democracy and representation.
The court's decision reflects the broader conversation about the upcoming parliamentary composition, which may not provide the necessary two-thirds majority once the new Bundestag is empaneled. The current political framework enables the old Bundestag to make decisions to prevent delays due to constitutional continuity rules, ensuring there is no legislative gap. The court emphasized the autonomy of parliament, reiteratively asserting the old parliament is not limited until the new one is formally constituted.
Looking toward future sessions, Union, SPD, and the Greens ascribe significant strategic weight to these legislation measures, as highlighted by their negotiations and subsequent planned voting sessions. After initial discussions on March 13, the parliament prepared for the conclusive votes, driving home the urgency of action on the proposed financial package before the old Bundestag dissolves.
Future challenges remain, with the Left Party planning to criticize the quick and tightly coordinated legislative processes. Christian Görke, the parliamentary director of the Left Party, lamented the pacing of discussions, expressing concern over limited committee engagement and unanswered inquiries. He projected the decision-making process feels rushed, underpinning tensions within the legislature: "To push through such expansive budgeting measures under these circumstances is unacceptable. The committee deliberations should not occur under duress, especially not over such consequential financial commitments."
With all political and legal hurdles cleared for the March 18 session, the path is now set for these pivotal legislative changes. The forthcoming vote will show whether the existing political coalition can effectively secure the votes needed to convert the ambitious financial outline of the program from proposal to governance, ensuring Germany can bolster both its defense and infrastructural longevity with fresh financial resources.
This moment is illustrative of the tension between legislative urgency and procedural integrity, necessitating continuous scrutiny of democratic norms tied to representation and legitimacy. The decisions made within these sessions carry ramifications not only for fiscal policy but also for the structural foundation of political operations within Germany moving forward, particularly as the new Bundestag prepares to enter a polarized political climate.