Urgent negotiations were still underway the night before, because the bavarian state parliament, which had fallen into disrepute as a self-service store for its deputies, wanted to send a clear and unified signal to the disgruntled electorate: no more nepotism. Despite considerable internal discussion, the CSU, FDP, SPD and grunen factions then took this quite literally. Up to the fourth degree, deputies should no longer be allowed to employ relatives at state expense, including cousins and bases.
The new law on deputies is thus more restrictive than the regulation in force for the bundestag, which served as a guide for the bavarians, who acted in haste. But the cousins' issue went too far for the free voters: even in the early morning, when the decision to be made in the plenum in the afternoon was being prepared in the lead committee, bernhard pohl defended the position of his parliamentary group leader hubert aiwanger, who saw the inclusion of the cousins as a kind of occupational ban.
This refusal of free voters was generally regretted, but in the afternoon the situation looked different again: his faction, which was not the only one that wanted to be accused of defending the proverbial nepotism, openly revolted against aiwanger.
This was not the only oddity on this day, when damage limitation was knitted with a heiber needle. Franz schindler (SPD), a clever lawyer from the upper palatinate, rocked the baby in the direction of the plenum, which was already in session at the time, despite the usual apportionment of blame between the greens and the CSU.
Schindler is the chairman of the relevant committee for constitutional, legal and parliamentary affairs, which normally waits for the opinions of the other committees before making its final recommendation to the plenum. Schindler cut the deadline for consultation to zero and resigned "after a logical second" immediately into the next session, the final deliberation.
The new delegates' bill thus reached the plenum in good time for it to be passed right away. Accordingly, the deputies were not only no longer allowed to employ their own relatives at state expense, but also those of all other deputies, at least up to the third degree. This rule is intended to prevent any possible circumvention of the crossover principle from the outset. Simply printed: if you employ my brother, I will hire your sister.
Law leaves questions open
The state parliament, which for 13 years tolerated an abused transitional regulation, has thus put an end to the accusation that deputies use the money they are entitled to for paying employees to supplement their own family coffers. But there is still another issue: the new law reflects the will of all parliamentary groups to require all members of parliament to disclose their outside income in the future. However, the law does not answer the question of how exactly this should be done, and it will therefore be the subject of intense debate.
For the time being, the bundestag's rule is considered to be a model, according to which the deputies are ranked on a ten-level scale, which is set at over 250.000 euro ends, must be roughly located. The greens in the state parliament, however, are thinking aloud about demanding transparency in euros and cents.
With such an encroachment on personal rights, conflicts are pre-programmed, because especially freelancers, such as lawyers, will defend themselves. After all, being a deputy is not a profession, but a temporary mandate that cannot force one to give up one's profession.
In the meantime, the state parliament has already decided on thursday to impose sanctions for violations of the new rules of conduct: the presidium can impose fines up to half of the annual deputy's salary. In the bavarian case, that was about 42 percent.000 euros.