Audit Court alleges motorway reform breaches by Scheuer
The Federal Audit Office of Germany (Bundesrechnungshof) has raised concerns about the country's motorway reform, primarily on legal and constitutional grounds related to the Infrastructure Special Fund established to finance the reform.
The Fund, approved by a constitutional amendment in March 2025, faces scrutiny due to potential breaches of budgetary principles, particularly regarding debt and off-budget liabilities. The Audit Office warns that the financing mechanisms may not fully comply with constitutional requirements.
Moreover, the special fund could undermine parliamentary control over public finances and exceed limits on government borrowing or spending outside the normal budget cycle, posing risks to the separation of powers and budgetary sovereignty of the Bundestag as outlined in the German Basic Law (Grundgesetz).
The Federal Audit Office's report, obtained by the "Süddeutsche Zeitung" and published in the Saturday edition, highlights risks that the reform's funding structure may effectively circumvent constitutional debt brakes and parliamentary budgetary approval processes through the use of off-budget funds combined with long-term, scheduled expenditures.
Transport Minister Andreas Scheuer (CSU) is facing criticism from the Federal Audit Office over a prestige project. The criticism is related to a key part of Scheuer's reform of the motorway administration, which aims to have the motorway company take over planning, construction, and operation of motorways from the states.
The German Unity Motorway Planning and Construction GmbH, primarily belonging to the federal states, carries out major planning projects for twelve state governments. Scheuer plans to merge the planning company Deges with the motorway company to ensure a quick start.
However, the auditors fear a planning mess if the federal government takes over tasks of the order administration of the states and state administrations. All orders that the states have awarded to Deges would have to be re-tendered, according to the auditors.
The opposition sees the paper from the Federal Audit Office as a slap in the face for Scheuer's ministry. In the event of violations of procurement law, claims for damages could be made, as stated by the auditors.
The Ministry of Transport has rejected the allegations against the audit office, but has not commented on the allegations made in the paper. The Federal Audit Office demands that the Bundestag and Finance Minister Olaf Scholz (SPD) block the budget funds, citing significant constitutional risks and violations of simple laws and procurement law.
In summary, the Federal Audit Office critiques the motorway reform primarily for potential breaches of constitutional budgetary rules and insufficient parliamentary oversight due to the creation and use of the Infrastructure Special Fund, posing legal and constitutional risks to Germany’s financial governance framework.
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