Impeachment

An impeachment may be issued in certain jurisdictions, when a public official has failed to fulfill its tasks. The impeachment represents a traditional part of the presidential system of government in which there is no elect and remove the members of the executive by Parliament.

Germany

Under Article 61 of the Basic Law for the Federal Republic of Germany, a President indictment of the Federal President of the Federal Constitutional Court " for willful violation of the Basic Law or any other federal law " be levied. Right to bring suit are exclusively Bundestag or Bundesrat, the decision on this must be done each with a two-thirds majority. If the Federal Constitutional Court, such a violation of the law firm, it can explain the Federal President of the Office forfeited. A series of interim arrangement, it may determine that he is unable to perform his duties also after the impeachment. So far, it has never occurred in the history of the Federal Republic to a presidential impeachment.

Austria

The Austrian Federal Constitution (B -VG) provides in Article 60Vorlage: Art / Maintenance / RIS search Paragraph 6 provides that the President may be dismissed by referendum.. The referendum is to be conducted if the Federal Assembly demands it. The Federal Assembly shall be convened for this purpose by the Chancellor, when the National Council has passed such a motion. For decision of the National Council, the presence of at least half of the members and a majority of two thirds of the votes cast is required. With such a decision of the National Council of the President of the distant performance of his duties is prevented. The rejection of the dismissal by the referendum is deemed a new election of the President and has the resolution and re-election of the National Council for the result. Also in this case may not last more than twelve years the entire term of the President.

Against the Federal President and the other highest administrative bodies, as Chancellor, Minister, Governor and Provincial Government may, pursuant to Article 142Vorlage: Art / Maintenance / RIS - search B- VG before the Constitutional Court as a Constitutional Court called Minister accusation levied. . The condemnation by the Constitutional Court shall be expressed in loss of office, under particularly aggravating circumstances, also a temporary deprivation of political rights (such as the passive right to vote); for minor infringements, the Constitutional Court may be limited to the finding that a law violation.

Switzerland

In Switzerland there are no laid down in the Constitution for impeachment and Federal Members of Parliament. It happens, however, that federal councils for serious accusations voluntarily withdraw (eg in the case of Elisabeth Kopp ). The United Federal Assembly may determine the official inability of incumbent federal councils.

An impeachment of federal judges is possible only because of a criminal conviction for a crime or misdemeanor. This is an additional penalty, which is pronounced by the criminal judge. In addition, the Federal Parliament shall have the power to decide on the provisional setting in office when they authorize the prosecution.

In some cantons (eg Bern ), however, can use a collection of signatures for a referendum on the early elections of the cantonal government and / or the cantonal parliament are required.

United States

An indictment for malfeasance (English impeachment ) is a in the United States Constitution (Article II, Section 4 ) provided procedures for impeachment of the president and other officials, for example, the judges of the Supreme Court, if it is " treason, bribery, or other serious crimes and offenses have been found guilty. " It is possible both at the federal and at the state level, however, have a different term standards. This " other serious crimes and offenses " ( other high crimes and misdemeanors ) are not clearly defined and therefore suitable to serve the opposition as often welcome tool for political attacks against the president.

The House of Representatives meets with a simple majority, the decision to initiate the procedure. Now in the Senate hearings take place. In the event that the President is accused of the chief judge shall preside in all other cases, the Vice President in his capacity as President of the Senate. This is curiously enough, even if the Vice President is even accused, because the Constitution does not provide for this case separate regulation. Each side has the right to call witnesses and conduct cross-examinations. After secret talks take place. For a guilty verdict, a two -thirds majority of the Senate is required. The accused person may subsequently be removed or it is prohibited to public office dressed in the future either of their duties. So it's a two step process, first with the determination of guilt and then the actual impeachment.

So far, there were 16 charges of official wrongdoing, including three against U.S. presidents:

U.S. States

Even in the states of the United States officials may be removed from office by an impeachment of their duties. This includes, for example, governors, vice governors, other government officials or judges in the federal courts. In particular, the impeachment of governors, the highest public official of the State, are often of high media interest, sometimes even beyond the United States. For impeachment, as must at the federal level, the lower house of the federal state parliaments a decision to take charge, while the upper house ( Senate State ) establish the guilt or innocence. As the President elected officials may be removed from office in the states only because of legal transgressions of the Office. Also the Impeachment has only the removal from office even result. A criminal prosecution and / or conviction can only be done by the competent courts.

Great Britain

Also in the UK there are impeachment: It's a request of the English House of proceedings before the House of Lords indictment against high government officials convicted of serious breaches, such as treason. The possibility exists since the 14th century. 1376 accused the House of Commons for the first time at senior officials.

Lithuania

In Lithuania 2004 impeachment proceedings were brought against Rolandas Paksas. He was removed from the first European head of state in modern times on this path of the Office.

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