The judiciary is independent. This is an iron principle. But is the Federal Constitutional Court actually adequately protected against attempts at political influence? Now there are new conversations.
The traffic light coalition and the Union parliamentary group are continuing to negotiate a draft law to protect the Federal Constitutional Court from extremists. Corresponding discussions were confirmed to the German Press Agency in Berlin by the CDU/CSU parliamentary group in the Bundestag. “There is no agreement on this draft,” said the deputy chairwoman of the CDU/CSU parliamentary group, Andrea Lindholz (CSU).
“The Union faction will now carefully examine and evaluate the draft before further discussions take place.” Further discussions are planned after Easter, the group said. The “Rheinische Post” had previously reported that Ampel and Union had agreed on a first draft law.
“It is not the case that there is already an agreement,” emphasized a spokeswoman for the Federal Ministry of Justice. With the invitation to another round of discussions, a working draft was sent out, which should be discussed confidentially.
A draft from the Federal Ministry of Justice, which is available to both the “Rheinische Post” and the German Press Agency in Berlin, states that the new regulation should “help prevent efforts that want to question the independence of the constitutional judiciary.”
Buschmann is pleased with the Union’s willingness to negotiate
Federal Justice Minister Marco Buschmann (FDP) told the Germany editorial network that the Constitutional Court had proven to be “a shield of fundamental rights and a supporting pillar of our liberal democracy.” He hopes for the necessary majorities to anchor the court’s independence more firmly in the Basic Law. It is important to learn from the experiences of other countries in order to be well prepared for potential dangers. “The sad experience in Poland, Hungary and partly also in Israel is that constitutional courts can quickly become political targets.”
Buschmann was pleased with the Union’s willingness to negotiate. “It’s about our shared overall political responsibility as serious democrats. This responsibility stands above party political disputes.”
Lindholz emphasized that her group sees “no acute danger of an attack on the Federal Constitutional Court by anti-constitutional parties.” However, the concerns and discussions of the past few weeks are taken seriously and we are open to discussions about the reform.
There was anger in the Union faction that Buschmann’s draft became public. It is expected that the traffic light parties will finally return to serious cooperation, it was said. There is resentment in the Union about the repeated one-sided “piercing” of discussions that were agreed to be confidential. Trust is necessary, especially when it comes to important issues such as a change to the Basic Law to strengthen the position of the Federal Constitutional Court.
Approval and praise for reform
Approval for the reform came from the German Bar Association (DAV). “The project will make the constitutional state much more resilient to crises,” said Vice President Ulrich Karpenstein. However, the proposals should not be crushed by party politics. The German Association of Judges (DRB) praised the deliberations as going in the right direction. But securing the Federal Constitutional Court can only be a first step, emphasized DRB Federal Managing Director Sven Rebehn. “Political initiatives are now needed in the federal states to better protect the judiciary from party-political attacks and to strengthen it as a bulwark of democracy.”
In particular, the procedure for filling judge positions must be designed by law everywhere in Germany in such a way that it cannot be abused for party politics. “If the democratic parties do not find the strength to find common solutions now, it would be a cold shower for the millions of people who have been taking to the streets in Germany for many weeks against right-wing extremism and for the rule of law.”
Green Party deputy Konstantin von Notz described protecting the court from anti-democratic influence as urgently necessary and welcomed Buschmann’s proposal and the Union’s return to the negotiating table. “We look forward to rapid and constructive discussions on this important topic.”
Merz asks Buschmann to make a suggestion
Last weekend, Union faction leader Friedrich Merz (CDU) asked Justice Minister Buschmann 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. Now Buschmann is asked to present a draft law.
There is discussion about enshrining details on the election and term of office of constitutional judges not just in a law, but in the Basic Law. This could prevent judges from being removed from office relatively easily after a change of government. The reason for these considerations is concern about the growing influence of extreme parties in Germany. For changes to the Basic Law, a two-thirds majority in the Bundesrat and the Bundestag is required – 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
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
