The Committee on Legal Affairs and Consumer Protection 2 “Whether it is changes to the Crimi- nal Code, the Civil Code or other laws, or subjects such as the rent- rise cap, how user data is handled online, or restrictions under the Act to Improve Enforcement of the Law in Social Networks: the Committee on Legal Affairs and Consumer Protection deals with important issues which touch on or even help to shape the daily lives of people in Germany.” Stephan Brandner, AfD Chairman of the Committee on Legal Affairs and Consumer Protection 3 The German Bundestag’s decisions are prepared by its committees, which are estab- lished at the start of each elec- toral term. Four of them are stipulated by the Basic Law, the German constitution: the Committee on Foreign Affairs, the Defence Committee, the Committee on the Affairs of the European Union and the Petitions Committee. The Budget Committee and the Committee for the Rules of Procedure are also required by law. The spheres of respon- sibility of the committees essentially reflect the Federal Government’s distribution of ministerial portfolios. This enables Parliament to scruti- nise the government’s work effectively. The Bundestag committees The German Bundestag sets political priorities of its own by establishing additional committees for specific sub- jects, such as sport, cultural affairs or tourism. In addition, special bodies such as parlia- mentary advisory councils, The committees discuss and committees of inquiry or deliberate on items referred study commissions can also to them by the plenary. They be established. The commit- also have the right to take up tees are composed of mem- issues on their own initiative, bers of all the parliamentary allowing them to set priorities groups, reflecting the balance in the parliamentary debate. of these groups in the German When necessary, they draw Bundestag. The distribution on external expertise – usu- of the chairs and deputy ally by holding public hear- chairs among the parliamen- ings. At the end of a commit- tary groups also reflects their tee’s deliberations, a majority relative strengths in the ple- of its members adopt a recom- nary. In the current electoral mendation for a decision and term, the committees have a report, which serve as the between nine and 49 mem- basis for the plenary’s deci- bers. sion. 5 The Committee on Legal Affairs and Consumer Protec- tion deals with all items of parliamentary business relat- ing to justice and legal affairs, as well as consumer protec- tion policy. This includes draft legislation on legal affairs in the traditional sense, such as family law, civil and criminal law, including the law governing the prison ser- vice, or copyright law. The Committee also deals with topical issues relating to con- sumer protection, such as the rights of passengers, banking practices, or safety issues when entering into contracts online. The 43 members of the Committee, chaired by Stephan Brandner (AfD), dis- cuss a wide range of topics The Committee on Legal Affairs and Consumer Protection affecting everyone in Germany, and help to draw up funda- mental legal rules which regu- late coexistence in society. The Committee’s work is increasingly dominated by EU comment on proceedings legal and consumer protection brought before the Court. The policy, for neither online Bundestag is often consulted commerce nor crime stop at if such proceedings are of par- Germany’s borders. In addi- ticular relevance to Parlia- tion to serving as the lead ment, for example, or the leg- committee on items falling islative process in the German within its remit, the Commit- Bundestag is being challenged. tee is also asked for its opin- If the Committee’s rapporteurs ion on many others. It gives decide that a statement should its views on a large proportion be submitted to the Federal of the motions and bills con- Constitutional Court, it is pre- sidered by the Bundestag. Its pared by the Committee in members scrutinise bills to cooperation with a legal coun- ensure they do not infringe sel appointed to represent the the Basic Law or international Bundestag. Current proceed- obligations. This gives the ings before the Federal Con- members of the Committee a stitutional Court regarding good overview of much of which the Bundestag has sub- Germany’s federal legislation. mitted a statement include The Committee also takes the proceedings about the CETA lead if the Federal Constitu- free trade agreement or the tional Court gives the German Unified Patent Court, for Bundestag an opportunity to example. 15 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ CDU/CSU 9 ■ ■ ■ ■ ■ ■ ■ ■ ■ SPD 6 ■ ■ ■ ■ ■ ■ AfD 5 ■ ■ ■ ■ ■ FDP 4 ■ ■ ■ ■ The Left Party 4 ■ ■ ■ ■ Alliance 90/The Greens Number of members: 43 Chairman: Stephan Brandner, AfD Deputy Chairman: Professor Heribert Hirte, CDU/CSU 7 The Subcommittee on European Law Given the special importance of items of business relating to European affairs in the One of the Bundestag’s key Bundestag’s work and, in par- functions is ensuring parlia- ticular, the work of the Com- mentary scrutiny of the Fed- mittee on Legal Affairs and eral Government. In this con- Consumer Protection, the text, the Committee on Legal Committee has once again set Affairs and Consumer Protec- up a subcommittee focusing tion plays an active, formative specifically on European law role in the parliamentary pro- in the current electoral term. cess. Its nine members, chaired by Whether through amendments Heribert Hirte (CDU/CSU), to government bills, recom- discuss European Union pro- mendations that opinions jects relating to legal and con- should be delivered on items sumer protection policy, and of business concerning Euro- issue recommendations to the pean legislation, or requests Committee on Legal Affairs for oral or written briefings on and Consumer Protection on other political initiatives: the what action should be taken. Federal Government is contin- Once again, the spectrum of uously called upon to explain topics covered is wide – rang- or correct its work. ing from the establishment of 8 a European Public Prosecu- tor’s Office and the creation of a European Criminal Records Information System, to the question of what law applies in the case of cross-border marriages, to action to tackle fraud and counterfeiting exercising the national parlia- involving non-cash means of ments’ rights in the European payment, and cooperation on Union, which were boosted by consumer protection within the Treaty of Lisbon. the European Union. By pre- The Bundestag itself can paring the recommendations deliver opinions on EU pro- on European policy which the jects to the European institu- Committee on Legal Affairs tions, or call on the Federal and Consumer Protection sub- Government to seek, as it con- mits to the Bundestag as a ducts negotiations, to achieve whole, the Subcommittee the objectives set out by the plays an important part in Bundestag. 9 Copyright in the digital single market, protection of sexual self-determination, and the rent-rise cap – the enforcement officers, and to Committee’s work in practice tackle unauthorised street rac- ing. Arguments on these and The Committee on Legal other topics are exchanged not Affairs and Consumer Protec- only at the Committee’s regu- tion regularly holds public lar meetings behind closed hearings of experts and doors, but also at public hear- receives briefings from govern- ings. The members of the ment representatives. A wide Committee draw on experts’ spectrum of topics are covered: specialised knowledge when from draft legislation on end- forming their opinions and, of-life care, to copyright in the where appropriate, in the pro- digital single market, to same- cess of wording amendments sex marriage. The Committee to draft legislation. One issue also deals with measures to which the Committee regularly enhance the protection of sex- revisits is protecting tenants’ ual self-determination, to pre- rights. In view of the tight vent child marriage, to tighten housing market in many urban up the provisions of criminal areas in Germany, the Bundes- law so as to better protect tag took the decision to reform 10 tenancy law, on the basis of a government bill, and intro- duced a rent-rise cap. Motions tabled by the opposition par- liamentary groups have called, both then and now, for this rent-rise cap to be further rein- forced – by eliminating exemp- tions, for example, or by intro- ducing fuller obligations for landlords to provide informa- tion. There are clearly no limits to the variety of the topics with which the Committee deals – body which examines bills to whether as the lead committee ensure they comply with the or as a committee asked for its constitution. In short, the opinion. It is responsible for members of this Committee dealing with measures relating play a vital role by examining to legal affairs and consumer and helping to shape federal protection, and it is also the legislation. 11 Professor Heribert Hirte, Stephan Brandner, CDU/CSU AfD Deputy Chairman Chairman University professor, Lawyer, b. 31 Mar. 1958 b. 1966 in Herten; in Cologne; married; children. married; two children. Bundestag Member Bundestag Member since 2017 since 2013 Committee members The 43 members of the Committee on Legal Affairs and Consumer Protection 12 Michael Frieser, Mechthild Heil, Ansgar Heveling, CDU/CSU CDU/CSU CDU/CSU Lawyer, Architect, Lawyer, b. 30 Mar. 1964 b. 23 Aug. 1961 b. 3 July 1972 in Nuremberg; in Andernach; in Rheydt; married. married; three children. married; one child. Bundestag Member Bundestag Member Bundestag Member since 2009 since 2009 since 2009 Alexander Hoffmann, Ingmar Jung, Dr Jan-Marco Luczak, CDU/CSU CDU/CSU CDU/CSU Lawyer, Former State Secretary, CDU/CSU spokesman b. 6 Mar. 1975 b. 4 Apr. 1978 on the Committee in Würzburg; in Wiesbaden- Lawyer, married; one child and Sonnenberg; b.