Citizens' assemblies in the North and West
The German states of North Rhine-Westphalia (NRW) and Schleswig-Holstein will soon have citizens' assemblies at the state level. The coalition governments of the CDU and the Greens in the two federal states have enshrined this in their coalition agreements.
"In order to be able to include different perspectives in political decision-making processes, we will set up two citizens' assemblies on selected topics that represent society and test this instrument at the state level," reads the agreement of the CDU and the Greens in NRW. The necessary funds will be made available for the organisation and implementation of the citizens' councils.
Legal anchoring of citizens' assemblies
"We will anchor citizens' assemblies in law at the municipal level and at the state level," reads a succinct statement by the CDU and the Greens in the northernmost federal state.
Even before the state elections in North Rhine-Westphalia on 15 May 2022, the SPD, FDP and Greens had spoken out in favour of state-wide citizens' assemblies. The CDU, on the other hand, had rejected citizens' assemblies at the state level in its response to an enquiry by the association "Mehr Demokratie".
"Citizens' Assembly on selected future issues"
In an online event organised by Mehr Demokratie on 21 March 2022, the CDU member of the state parliament Björn Franken expressed the opposite view: "We think the instrument is basically good. There are already many examples. It depends on how it is designed."
The Greens had announced in their election manifesto that they wanted to convene "citizens' assemblies on selected issues for the future". Experiences from the federal government and other states show that citizens' assemblies are strong in finding constructive solutions through dialogue. The state parliament is to deliberate on the recommendations drawn up by citizens' assemblies.
Broad support in Schleswig-Holstein
There is broad support for citizens' assemblies in Schleswig-Holstein. Before the state elections on 8 May 2022, candidates from the CDU, SPD, Greens, FDP and SSW spoke out in principle for randomly selected citizens' assemblies in the coastal state at an event organised by Mehr Demokratie.
According to the Green Party's election manifesto, citizens' assemblies should create the possibility of involving citizens more directly in politics and legislation on selected issues. Citizens' assemblies are to be anchored in law at the state and municipal level. It should be possible to convene them by resolution of the state parliament and the municipalities as well as by popular initiative or citizens' petition.
"The government and parliament or the local councils have to deal with the results, but not follow them. If they do not follow the proposals, the initiators of a preceding citizens' initiative or citizens' petition can demand that a referendum or citizens' petition be held on the results of the citizens' assembly," the Greens had proposed.
No agreement on legislation
By autumn 2006, the CDU and the Greens had been unable to agree on a state law on citizens’ assemblies. The Ministry of the Interior had commissioned a legal opinion on the matter, setting out a specific proposal for legislation. The legal experts consider a state law to be “effective” and see no constitutional obstacles, provided that the recommendations of the citizens’ assemblies remain non-binding. Nevertheless, this has not come to pass.
The Greens are disappointed. Citizens’ assemblies are “an important tool for involving citizens more closely in political decision-making”, said Bina Braun, a member of the state parliament. The format is already possible at both local and state level. Enshrining it in the local constitution would also be legally feasible. No agreement had been reached “on the details” within the coalition. “We regret that,” said Braun, whose party now intends to include the proposal once again in its manifesto for the forthcoming state election.
There is no sign of regret within the CDU. “Citizens’ assemblies already exist at local level without detailed statutory regulation, and at state level there has also been a corresponding institution in the form of the Climate Citizens’ Forum,” explained Thomas Jepsen, a member of the state parliament. However, they do not want statutory regulation of citizens’ assemblies, partly so as not to impose bureaucratic requirements on local authorities.