Das verfassungsrechtliche Gebot der Verantwortung deutscher Politiker im Bundestag sowie deren Haftung im Zivilrecht (English shop)

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The question of the accountability of members of the Bundestag is not a new one, either in public discourse or in legal scholarship. It is undisputed that members of the Bundestag are not free from error in their legislative decisions and assessments.

Yet where unconstitutional laws or actions result in violations of fundamental rights and cause not inconsiderable damage to citizens, or at least to the public purse, such that claims for liability and recourse would be called for, legal scholarship currently offers no approaches to a solution.

The aim of the present study is to examine whether a constitutional requirement of liability exists to the detriment of members of the Bundestag and – should such a requirement be affirmed – whether current civil law provides legal bases for claims giving rise to such liability. In the event that liability cannot be established de lege lata, approaches are to be developed for shaping the legal situation de lege ferenda.