교섭단체에 관한 헌법적 고찰 -독일 연방의회의 교섭단체를 중심으로-

The Negotiation Group is associations of deputies in its function as organ administrators of an organ. The Negotiation Group can be traced back to two constitutional roots: on the one hand, they can be formed in terms of the cooperation competence of the individual members of parliament. On the other hand, it is even mentioned in the law, which also gives its original rights. The Negotiation Group forms the essential basic building block. It represents the main political outlines of Parliament and play a key role in working autonomously. The division of the work among the colleagues, specific teamwork, the preparation of joint initiatives, bind the members of the deputies with its abilities into the overall processes. The Negotiation group is grouped together by means of collective deformation of the process of opinion and decision-making, the structuring of the parliamentary discussion and the accompanying formation of majorities, as well as facilitating parliamentary decision-making. The distinction, when permissible public work of the Negotiation Group in impermissible party advertising, is however on the concrete example much more controversial. In the most conceivable way, a view which, in view of practical delimitation difficulties, practically excludes a restriction of boundaries, would tend to draw a limit on the publicity of the Negotiation Group only in absolute exceptional cases. This view, on the one hand, can not, however, solve the legal problem of the delimitation necessity. On the other hand, it also blurs one-sidedly for the area of public work in a way the boundaries between party tasks and Negotiation Group tasks.