BMZ-Anwalt_Simon

BMZ lawyer Simon Meyer has written an article for the Verfassungsblog on the budgetary situation following the election in Saxony-Anhalt

The state election in Saxony-Anhalt raises complex political and legal issues. The state parliament must pass a budget bill for 2027 by the end of 2026.

It is still unclear whether and when a new state government will be formed. Should the process of forming a government drag on beyond the turn of the year, the acting state government would have to table a draft budget in the state parliament. It is entitled to do so and – should the situation of uncertainty persist for any length of time – is even obliged to do so. The Budget Act can be amended during the parliamentary process, but must ultimately secure a majority in the state parliament. If the state parliament fails to pass a Budget Act for the year 2027 by the end of 2026, provisional budgetary management will come into effect from 1 January 2027. The acting state government is therefore authorised to continue funding existing projects, but not to incur expenditure on new ones. Overall, the Constitution of the State of Saxony-Anhalt has made provision for periods of political uncertainty following state elections: Should a new government not be formed by the end of the year, the funding of essential state functions will not be jeopardised. The caretaker state government has sufficient powers to ensure that the State of Saxony-Anhalt retains its financial capacity to act. You can find the detailed article by Dr Simon Diethelm Meyeron the Verfassungsblog.