CDU's legal advisor suggests conducting an online elections-style gathering for the party, as outlined in a letter.
CDU Party Conference: Legal Challenges and Options
The upcoming CDU party conference has become a subject of legal discussion, with Düsseldorf's party law expert, Sophie Schönberger, describing it as potentially problematic. The conference, which is set to host 1001 delegates, could potentially cause issues, according to Schönberger.
One of the main concerns is the postponement of the conference. Schönberger suggests that this delay could lead to lawsuits, with figures like Friedrich Merz or others potentially going to a civil court to enforce that the conference must take place. Merz is currently the acting chairman of the CDU, due to the delayed conference.
Another issue lies in the decision-making process for the party chairmanship. It is not permissible under party law, nor legally permissible, to decide on the chairmanship through a member vote. This could pose a challenge for the conference, as the election of a new party leader is a key agenda item.
The recent amendment to the party law has left the regulation that elections must be held at the latest in the second year unchanged. This means that the conference, if postponed further, could face further legal complications.
Schönberger has suggested that the online party conference is the legally safest option. However, an online conference with postal voting is considered costly due to the many voting procedures that need to be organized. Postal voting for the conference is not the legally safest option, according to Schönberger.
The conditions for an online party conference are now clearly regulated, according to Schönberger. This option, while costly, provides a legally secure way for the conference to proceed, should the need arise. The term of office for a party chairperson can be extended provisionally, according to Schönberger, which could potentially be a solution to the current situation.
In conclusion, the CDU has put itself in a situation where a party conference with 1001 delegates could become a problem. The postponement of the conference, the decision-making process for the chairmanship, and the costs associated with an online conference are all factors that need to be carefully considered. The CDU will need to navigate these challenges to ensure a smooth and legally compliant conference.
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