Germany has a Chancellor, the CDU has a Boss, the SPD as well, the Greens have women at the helm of the party and the group, just the Left. Even in the case of the AfD, there is a group Chairman. The German policy appears to be a pretty female.

But that is deceptive. Still, however, the men dominate in politics. The proportion of women in parliaments is still low, in the Bundestag, he is only just over 30 percent. About half of the population in Germany is female.

For years, it is considered, therefore, as the parliaments are female. Brandenburg has now adopted as the first state with a parity law. The red-red coalition and the Greens voted in favour. The law requires that the List positions of all parties will need to be filled to the Landtag elections in the future, alternating women and men.

The state Parliament in Brandenburg,

Even if the law does not take effect until the summer of 2020 and, hence, not yet for the upcoming state election on 1. September of this year – the country in the North-East of the Republic now finds itself in a pioneering role. This includes explicitly, that the noble projects fail in the end. Because the concerns are large.

the law Is unconstitutional?

proponents of a parity scheme, see article 3 of the basic law, the right to do so. “Men and women are equal”, it says. “The state promotes the actual implementation of equal rights between women and men and works towards the elimination of existing disadvantages.”

However, article 38, in turn, guarantees the free and equal elections. The freedom of choice, a free choice proposal in principle right. The freedom of choice, but many constitutional lawyers see through a law on Parity be violated because the parties could not decide which candidate you line up on what list.

In the state of Brandenburg, where the proportion of women in the Parliament is about 39 percent, it has the same legal opposition to the constitutional level. According to article 12 of the Land is obliged to ensure the equality of women and men by means of effective actions. Article 22 prescribes that the elections are free.

“The law is certainly unconstitutional,” says the state and Party law expert Martin Morlok of the MIRROR. The opposition factions of the CDU and the AfD to make such objections and voted against the bill. The young liberals have already announced their intention to Lodge a constitutional complaint. At the end of the law will land well before the Federal constitutional court – it will have to decide for the first Time on a parity law.

The SPD Deputy Elke Ferner, member of the German Council of women, and advocate for a parity law, would be in favour of: “Then the constitutional court will consider, for the first Time, whether the equality in the basic law, she said the intervention in the Party and, where appropriate, in the freedom and equality of choice justifies”, the “taz”.

the law Is a model for the Federal level?

The Bundestag debated for years about a Reform of the electoral law. Above all, it is a question of how it can be prevented that the Bundestag is always bloated. In the meantime the Calls will be louder, to take into account in the course of a reorganisation, the increase in the proportion of Women.

“Our goal must be a Reform of the electoral law, which supports equitable involvement of both sexes,” said the SPD Minister of justice Katarina Barley is now the “image”-newspaper. Also, the CDU-Boss Annegret Kramp-Karrenbauer said in an interview with the magazine “Emma”, “in the context of electoral reform, the question of women’s representation according to their share in the population will be discussed”.

The German women’s Council has recently started a Petition calling for a parity of law on the Federal level. The Council of women would like to get more women to agree in the Parliament, across the parties, any electoral reform without parity. The Petition is already signed by women from all parties represented in the Bundestag, with the exception of the AfD. Including well-known CDU member of Parliament, as the Minister of state for Integration in the Federal Chancellery and Chairman of the women’s Union, Annette Widmann-Mauz.

The Council of women calls for gender parity in elections to the French model. There, in 1999, was adapted to the Constitution, since the law explicitly promotes the access of women and men to electoral mandates and elective offices. The Parité law not only provides for a quota on the candidate lists, but also a quota scheme for direct elections.

the draft law, in Brandenburg, was originally such a rule – he came from the Green group. However, the red-red state government feared constitutional problems, the SPD and the Left changed the design. Now, only the lists are to be quoted, the list of direct candidates in the constituencies shall remain unaffected.

“of Course I would have liked, that our scheme is taken up,” says Ursula Nonnenmacher, Chairman of the Green group in the Brandenburg Landtag. You will be satisfied. “This will spur the discourse nationwide,” she says. In several other States – for example, in Thuringia, North Rhine-Westphalia and lower Saxony – will now be discussed parity regulations.

Can e it is a fundamental change in the law?

to ensure the constitutionality of a law at the Federal level, it could change the German Bundestag may, the basic law and an additional clause to the equal access of women and men of the parliamentary mandate, to say goodbye.

“have equal part in the parliaments of a political question is primarily. If the political will is there, there are also legal Changes possible,” says Elke Also from the women’s Council.

However, it is not clear whether the Parliament is allowed to change the basic law at all at this point. Free and equal elections belong to the principle of democracy – this is the so-called eternity clause, and must not be touched. “A Change would be at least highly problematic,” says constitutional lawyer Morlok.

Sam Yoon has many years of experiences in journalism. He has covered such areas as information technology, science, sports and politics. Yoon can be reached at 82-2-6956-6698.