Application dated 26.01.2022 from the AfD parliamentary group in the German Bundestag printed matter 20/488.
Draft law on the determination of a second supplementary budget to the federal budget plan for the fiscal year 2021 (Second Supplementary Budget Act 2021) The Bundestag shall decide:
I. The German Bundestag determines: The Second Supplementary Budget Act 2021 clearly violates fundamental, constitutionally anchored principles of budgetary law. This was also the result of the hearing of the Budget Committee on January 10, 2022.
The majority of the legal experts there concluded that the second supplementary budget 2021 is not covered by the Basic Law. The constitutional concerns are as follows in detail: 1. The second supplementary budget 2021 is only passed in 2022. Although the wording of § 33 BHO was complied with by the submission in 2021, legal literature is almost unanimous in the opinion that § 33 BHO must be interpreted in accordance with the constitution to mean that a supplementary draft must be passed by parliament by the end of the year.1 This follows from the constitutional principle of annuality (Art. 110 para. 2 GG) and the budgetary principle of maturity (§ 11 BHO). Especially for newly created positions that can factually only be filled in 2022, it is incomprehensible how these can be part of the 2021 budget plan.
This is exactly how the Federal Constitutional Court sees it as well. An amateur drama group.