Festive forced or restriction of freedom of choice?

Baden-Wurttembergs Grune want to prescribe a 50 percent gender quota in local elections to other parties

For about a year in Baden-Wurttemberg there is a gruner Minister Prosident, which is trimmed by a grun-red parliamentary majority. Now the Grune Landesfraction Chairman Edith Sitzmann wants to plug the municipalities where the proportion of women in "Political bodies" allegedly "for decades on an extremely low stand remained". In fact, although in local data between 1994 and 2009, he rose from 18 to 22 percent in the last local election – but that is the Okopartei much too slow.

Your perception after "Like the financial requirement of a monitoring program for women […] […] not as appropriate to increase the women’s quota, what "Not a lack of political interest and commitment" lounger, "but rather at a rather mally biographies-oriented political culture". Therefore, one now wants to prescribe the parties how many and what places of their lists are awarded to women. Among other things, the following passage should be redeemed in § 9 of the Municipal Election Act (CommISW):

It is each candidate to half the manner and women. The list is alternately filled with women and manners, with the first place with a woman or a man can be occupied.

For the case, that in smaller villages and smaller groups not enough women for one "gender-appropriate" Find the design of the lists, want to allow the great exceptions. In the bill, it is called:

Exceptionally, the list of lists reserved for women can be occupied with manners if there are not enough candidates to choose from. The lists reserved for manners are filled with women if there are not enough candidates to choose from.

According to the seat, this new regulation is necessary because the political opponent does not occupy the lists as well as the green the wishes. In addition, you have already explored this muzzle, to which one in other political groupings only very conditionally pleased, is already being explored in the last state election program. And part of the coalition contract is she also.

It is open, however, whether the strict quota is compatible with the Basic Law and the Baden-Wurttemberg. For this purpose, the greats of the Berlin and Augsburg approached law firm Gabner, Groth, Sierer and colleagues (which exists from 15 men and 8 women) to make a legal expert report, which should show that lawsuits were failed against the planned municipal suffrage.

The three male lawyers Hartmut Gabner, Peter Neusub and Linus Viezens come in their opinion on scarce 24 pages to the conclusion that the planned legislative eligibility Article 21 (1) (Freedom of Political Parties) and Article 38 (1) (equality and freedom of choice) of the Basic Law.

However, the interventions are justified to their view, because the law serve the equality application under Article 3 (2) sentence 2 and because the possibility of cumulating and panaching the WAHLER’s possibility give the possibility of "gender-friendly" Correct lists. Other lawyers could come here to other closes. Therefore, because there is no striking highlighting case law.

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