A party can collect special contributions from municipal elected representatives – even if they had not previously supported them in the election campaign. The Federal Court of Justice (BGH) decided on Tuesday and thus agreed with the CDU district association Burgenlandkreis in Saxony-Anhalt.
He had sued the former mayor of Finland for refusing to pay. In this specific case, it was about 740 euros, which the ex-City Hall chief Rupert Schlosser, who had been at odds with the party and had since left the CDU, did not want to shell out.
Purpose of the special levies: source of income for parties
His main argument: the party didn’t want him in the office at all, he went into the race and was elected in 2015 without their help and as an independent candidate. That’s why he doesn’t owe her any part of the monthly expense allowance that he received when he was honorary mayor.
The BGH did not accept this. The judges of the 2nd Senate found that special contributions from elected representatives are not tied to concrete support from parties. Its purpose is, among other things, that a party can generate income from its members.
In terms of constitutional law, such regulations laid down in party statutes are also unobjectionable. The special contribution anchored in the state statutes of the CDU Saxony-Anhalt is not linked to how the respective elected official exercises his office. The freedom of the mandate is therefore not violated.
The presiding judge also stated that “the collection of special contributions is not unconstitutional indirect party financing”. Such taxes are also not voluntary, but mandatory and therefore also enforceable.
Parties don’t only get state funds. They are also financed by membership fees, donations or so-called mandate holders’ contributions – i.e. money from the expense allowance for a mandate. Schlosser, who was also present at the BGH when the verdict was pronounced on Tuesday, was disappointed after the decision. “The party didn’t want me at all,” he said. The Senate did not take this into account. Schlosser was also defeated in the lower courts.
The 67-year-old was head of town hall until spring 2022 and received 765 euros per month for his municipal volunteer work. After almost 50 years as a CDU member, he left the party in 2019 because of the legal dispute. (dpa)
To home page
