The report by the scientific service suggests that the begging ban may violate the constitution. However, the assessors clarified that it is ultimately up to the courts to determine the constitutionality of the municipal regulation.
Mayor Polfer emphasised that the issues raised in the report had already been considered by the municipality, which sought legal opinions on the matter. Consequently, Polfer believes the report does not bring new insights to the debate.
Both Minister Gloden and Mayor Polfer noted that the scientific analysis is based on the current constitution, whereas the municipal regulation was decided upon under the previous constitution. When questioned about the regulation being approved after the new constitution came into effect, Minister Gloden declined to comment further, stating that the key point is that the decision was made under the old constitution.
A related case is currently underway at the Administrative Court regarding the begging ban. Mayor Polfer expressed surprise at the Chamber of Deputies’ scientific service taking a stance while this case is ongoing, cautioning that the separation of powers must be respected.
On the other hand, MP Marc Goergen of the Pirate Party considers the report by the Chamber of Deputies’ scientific service significant. Goergen views the publication of the report as a pivotal moment, emphasising the authority of parliamentary experts in making such assessments. He believes Mayor Polfer and Minister Gloden should reconsider their stance in light of the report. Goergen also asserts that it is the responsibility of the capital’s municipal council to hold a new vote on whether to maintain the regulation.
