The Prime Minister must accept any gift with official reference. The question remains to what extent Wulff was better off by the said loan.
Ob beggar or president – everyone is gifted. Anyone can also leave presents. but he does not have: the donation is, in fact, a contract. The donation pledge must be notarized by a notary even. this does not happen – regular as in daily life – so this formal defect can be cured as if by law enforcement: by the thing is about to pass.
Officials and businessmen in the wider sense have to be careful, of course. Finally, although the donation is a two-sided transaction. But a power is here compared to nothing in return. This can, where it concerns the award of contracts, forbidden, so be punishable. Extensive ( “compliance”) – regulations in the companies have meant that now the exact price of a menu is indicated on some invitations. Traditionally, of course, should especially public service free of bribes, even his corruption. A public official may accept “for the service exercising” no advantage. is acquired not only an advantage on the principle of performance and reward but also the “Air Care”, securing the general “disposition”, the “baiting”. Social customary gifts, such as on holidays to the postman, who previously was certainly a public official, are not included.
In order not to cause members of the government from trying to the Lower Saxony Minister Law provides: “The members of the State Government may, even after their official relationship, accept rewards and gifts relating to their office the Provincial Government may grant exemptions you can this power to.. transfer the State. ”
“Violation of the law minister”
Similarly, the provisions of other federal states. In Saxony, it says something like: “after ending their relationship official, rewards or gifts in terms of the members of the State Government may accept, on her post only with the consent of the state government.”
What is a gift?
But what is a “gift”? For officials in Lower Saxony, a decree defined rewards and gifts as “all benefits in terms of the office to which the civil servant has no legal claim and which they or set it material or immaterial objectively better (advantage).” An advantage exists even “if indeed the civil servant has made a payment, but this is out of all proportion to the granted in return.” As an example of such an advantage, the decree expressly refers to special benefits for private businesses “such as interest-free or low-interest loans, vouchers, discounts”.
As Prime Minister Wulff admitted in January of last year in front of the parliament of Lower Saxony, he had let himself and his family on a holiday flight free of charge from Economy to Business Class up gradually, he said, even from a breach of the ministerial law: “I think he is, objectively, a breach of the ministerial law. “Other provisions or offenses said Wulff time making note of the requirements for receiving bribes were” not affected “.