‘Schlossgarten II’ 조사위원회 구성의 위헌성과 그 시사점

The parliamentary inquiry right is the basic instrument for the control of the government. In the party democracy, it has undergone a legitimate change towards site of political conflict between government and opposition. The government moves in a field of tension between autonomous decision-making processes and their accountability to investigation committees. The government is to ensure their operability, granted a core area of executive responsibility. A disclosure of information which belong to the executive core area, only seems possible if a clear overriding interest in being informed of the Parliament. This is particularly the case if possible legal violations be reported. However, the potential violations of law must be specifically named. The general presumption that Parliament could have violated his rights, is too vague. Based on these considerations, it can be stated that the committee "Castle Garden II" is evident unconstitutional. There is no parliamentary interest in information overriding core area of ​​government responsibility. Moreover, the state government misused the executive committee of inquiry as an instrument of agitation and threatened pro futuro an open decision-making process in subsequent governments.