In order to protect the highest German court, the traffic light wants to change the Basic Law. But for this she also needs the votes of the CDU/CSU in the Bundestag. Now the parties are moving towards each other.
The traffic light coalition made up of the SPD, Greens and FDP is making progress in its negotiations with the Union to shield the Federal Constitutional Court from extreme forces. According to the preliminary report on Thursday, Federal Justice Minister Marco Buschmann (FDP) told the Germany editorial network that a “draft law as a working document” is now available. This is now being discussed. The aim is to reach agreement on a change to the Basic Law during the traffic light government’s term of office, which runs until autumn 2025.
Germany’s highest court should be prepared for potential dangers. “The sad experience in Poland, Hungary and partly also in Israel is that constitutional courts can quickly become political targets,” said Buschmann. It must be possible to “organize the necessary majorities in order to anchor the independence of the Federal Constitutional Court more firmly in the Basic Law.”
Law aims to strengthen the independence of the court
Those around the largest opposition party said that the talks were ongoing and on the right track. “There is no agreement,” said a spokeswoman for the CDU/CSU parliamentary group. She did not want to provide any further details about the schedule. “Further discussions are planned after Easter,” it said.
According to the “Rheinischer Post”, the Basic Law stipulates that the independence of the court, the number of two senates, the election of eight judges each by the Bundestag and Bundesrat as well as their term of office of twelve years and the age limit of 68 years are stipulated.
A draft from the Federal Ministry of Justice available to the newspaper states that the new regulation should “help prevent efforts that want to question the independence of the constitutional judiciary.”
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Protection of the Federal Constitutional Court from extreme parties
“The decisions of the Federal Constitutional Court bind the federal and state constitutional bodies as well as all courts and authorities” should also be included as a passage. The Ministry of Justice’s twelve-page draft goes on to say: “All of these regulations are therefore exempt from change with a simple majority in the future.” The background to the plans is the rise of extreme parties in Germany, especially the AfD.
Last weekend, Union parliamentary group leader Friedrich Merz (CDU) asked Justice Minister Marco Buschmann (FDP) to make a proposal to protect the Karlsruhe court. “We are open to talking about anchoring a core of proven structures of the Federal Constitutional Court in the Basic Law,” Merz told the newspapers of the Funke media group. The Union takes the concerns and discussions of the past few weeks seriously. A two-thirds majority in the Bundesrat and the Bundestag is required for changes to the Basic Law – so the Union would have to go along.
The Union ended initial talks in February with the declaration that it saw no compelling need for the constitutional change sought by the traffic light coalition. Merz later appeared open to further discussions.
Source: Stern
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