Gewaltenteilung: Ministerpräsident und gleichzeitig Fraktionschef?

The Minister-President of Saxony-Anhalt, Sven Schulze, potentially could become the new Fraktionsvorsatzender of the CDU at the same time. However, this arrangement of dual roles is legally and politically contentious. The separation of powers would be undermined if the leader of the second-largest faction coincides with the government chief.

Traditionally, the Landtag is supposed to oversee the government. Yet, this scenario has occurred in German politics before. A recent example is Alexander Schweitzer, the former Minister-President of Rhineland-Palatinate (SPD), who served as both Regierungs- and Fraktionschef for twelve days in May 2026, following his party's electoral defeat.

He had initially run for Fraktionschef, only to hand over the duties to the new Minister-President, Gordon Schneider (CDU) shortly thereafter. Schulze finds himself in a similar situation, as he is effectively out of office as of Sunday and will only serve as acting head in a few weeks, specifically upon the first meeting of the new Landtag.

Article 64 of the Land's constitution dictates that members of the state government may not belong to the European Parliament, the Bundestag, or any other regional legislature. This inference extends to the Bundestag as well. The Ministerial Law states that members of the state government may not hold any other salaried office, business, or profession, nor serve on the board of directors or the supervisory board of a for-profit company.

They are also prohibited from holding any public voluntary position. Membership in the Landtag is not explicitly excluded.