Court dismisses appeal
Former Chancellor Schröder has no right to office in the Bundestag
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Gerhard Schröder emphasized in court how important his former office in the Bundestag would be for his work – for example for attempts to mediate between Russia and Ukraine. But the second instance also rejected his request.
According to a court ruling, former Chancellor Gerhard Schröder is not entitled to his former office in the Bundestag. The Berlin-Brandenburg Higher Administrative Court (OVG) dismissed Schröder's lawsuit. The decision is not yet final.
Schröder had personally fought for his former office in court and again cited attempts at mediation between Russia and Ukraine as an argument. During the oral hearing, he emphasized how important the former office with several employees who were paid by the state was for his work as former chancellor.
Schröder said he tried to mediate in the war between Russia and Ukraine and was repeatedly asked for help by citizens who were in dispute with the state or other institutions. Because his office in the Bundestag building was canceled, he had to carry out such activities as a private citizen, even though they were exclusively related to his former office.
Budget Committee shut down office
Schröder wanted to go to court to force the Bundestag to pay for an office with rooms and staff for him again. He lost in the first instance before the administrative court in May 2023. The Bundestag Budget Committee decided in May 2022 to close its office in the Bundestag. The reason given was that the former chancellor had no obligations in connection with his previous work. A new regulation made this a requirement in spring 2022.
Schröder had previously been sharply criticized for his ties to Russian President Vladimir Putin. This was not explicitly mentioned as a reason for the new regulation, although there was talk of consequences “in view of the Russian attack”. Schröder was chancellor from 1998 to 2005.
Elaborate private trips
The OVG also sees no legal right to the state providing offices and staff. Such a claim follows neither from common law nor from the principle of equal treatment, said the presiding judge Boris Wolnicki. After decades of practice, the state provides offices for former chancellors to carry out public tasks after the end of their term of office. However, no legal effects could be derived from this practice. “In particular, it does not establish any legal claim of the former office holder,” the court said. Because of the fundamental importance of the case, the appeal to the Federal Administrative Court was admitted.
Schröder argued that he considered the payment of office and employees to be a “generous regulation, but an appropriate one.” His attempt to mediate in the war with Russia at Ukraine's request involved extensive travel and discussions. He could hardly organize something like that privately. His wife kept the minutes of conversations because he had no employees. “I just want to make it clear that such conversations only arise because of my previous position.”
