Die Effektivität parlamentarischer Opposition. Überlegungen de lege lata et ferenda unter besonderer Berücksichtigung des Urteils des Bundesverfassungsgerichts vom 3 . Mai 2016

Abstract

Although the right to form and exercise parliamentary opposition has always been recognized as an essential part of the free democratic basic order, there is widespread disagreement within jurisprudence about the specific status of oppositional actors in the German Bundestag . The ruling of the Federal Constitutional Court of May 3, 2016 has provided little clarity in this respect . While the court rightly recognizes the principle of effective opposition, many issues remain unclear, particularly with regard to the constitutional derivation on the one hand and the practical consequences of the principle on the other . This contribution attempts to answer these questions and finally pleads for an opposition-sensitive design of the instruments of parliamentary committees of inquiry and abstract norm control in order to ensure the effectiveness of parliamentary opposition also by formal law .