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President under fire

February 17, 2012

For the first time in Germany's history, the president could be stripped of his immunity to allow the public prosecutor to conduct a criminal investigation. President Wulff is now under renewed pressure to resign.

Christian Wulff
Image: dapd

The news exploded like a bomb when it reached the German capital, Berlin, on Thursday evening: the public prosecutor in Hanover asked for German President Christian Wulff's legal immunity to be lifted so that a criminal investigation can be launched against him.

After an extensive review, there were credible indications that placed the German president under suspicion of inappropriately using his power during his prior tenure as the state premier in Lower Saxony, according to the corruption division of the public prosecutor's office.

Like all heads of government, cabinet ministers and parliamentarians, the president is protected from prosecution during the duration of his term in office. Only the German parliament, the Bundestag, can lift this immunity. The procedure is clearly regulated: the public prosecutor turns in an application to the justice minister, who then forwards the application to the Bundestag.

The president of the Bundestag, Norbert Lammert, is then charged with informing the immunity committee in parliament. The committee's thirteen members then have to review the application and give their recommendation to the rest of the parliament, which convenes again on February 27 at the earliest.

So far, Chancellor Merkel has backed Wulff's decision not to resignImage: dapd

If one-fourth of the 620 representatives vote to lift the president's immunity, then the way is clear for the public prosecutor in Hanover to launch its criminal investigation. The prosecutor's office then has to decide whether or not it has enough evidence to press charges against the president. If the case is not solid enough, then the proceeding will be halted.

Generous benefactor

The assumption of innocence applies to Christian Wulff as it does to every other German citizen. But the scandal surrounding the German president has reached a new level. For more than two months now, Wulff has stood in a crossfire of criticism.

New allegations have come to light one after the other, from accepting a home loan under favorable conditions to taking free vacations with entrepreneurs with whom Wulff had business relationships with during his tenure as the premier of Lower Saxony.

One of those entrepreneurs, film producer David Groenewold, allegedly paid for Wulff's vacation to the German island of Sylt and invited him to Oktoberfest in Munich. Groenewold also allegedly provided Wulff with a mobile phone. Did Wulff then see to it that Lower Saxony provided millions in collateral to Groenewold for his projects? The public prosecutor is now trying to answer this question.

Calls for resignation

The left-of-center, opposition Social Democrats (SPD) announced in their first reaction to the public prosecutor's request that they would vote to lift the president's immunity. But the SPD's general secretary, Andrea Nahles, demanded that Wulff resign his post. An investigation by the public prosecutor cannot be reconciled with the president's office, according to Nahles.

The Green Party and the Left Party made similar comments. The president is no longer free and competent to exercise the duties of his office, said Gesine Lötzsch, the chairwoman of the Left Party. The head of the Greens, Claudia Roth, called on Wulff to resign his post.

There was no reaction on Thursday from the governing coalition. Neither Chancellor Angela Merkel's Christian Democrats (CDU/CSU) nor her coalition partners in the Free Democrats (FDP) wanted to comment. On Friday, Chancellor Merkel will not be in Berlin - she's set to visit Italy where she will discuss the situation in Greece with Italian Prime Minister Mario Monti.

Author: Sabine Kinkartz / slk
Editor: Matt Zuvela

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