How can the Federal Constitutional Court be protected from access by authoritarian forces? The Bundestag is discussing the plans of Ampel and Union. The Minister of Justice warns against exaggerated hopes.
Federal Justice Minister Marco Buschmann sees defending against extremists primarily as a political task. In an interview with the Funke media group, the FDP politician warned shortly before the Bundestag consultation on the protection of the Federal Constitutional Court against placing too high hopes on legal regulations.
“It would be naive to believe that additional rules could ensure that the country would remain undamaged if extremists one day took over the majority in parliament,” said Buschmann. Negative effects can be delayed and mitigated. “But even the smartest constitution and the smartest law cannot prevent them completely.”
That’s why the most important task is to ensure that there is always a broad majority of serious Democrats. “If extremist parties are gaining popularity in our country, then we as politicians have to ask ourselves what we can do better,” said Buschmann. The law cannot take this task away from politics.
The Federal Constitutional Court should be protected in the Basic Law
Today, the Bundestag is discussing for the first time a joint proposal from the traffic light factions and the Union for better protection of the independence and functionality of the Federal Constitutional Court. Behind the project is concern about possible attempts to influence by extreme parties.
In order to prevent this, central requirements for the structure of Germany’s highest court should be anchored in the Basic Law. So far, changes that theoretically carry the risk of a blockade or political instrumentalization of the Karlsruhe court have been possible with a simple majority. However, a two-thirds majority in the Bundestag and the Bundesrat is always required to change or supplement the wording of the Basic Law.
The Association of Judges also calls on states to take action
The German Association of Judges calls on the states to also tighten their laws to protect democracy and the rule of law. “The federal states should now urgently check their state constitutions and judicial laws for possible weak points,” said Federal Managing Director Sven Rebehn to the “Stuttgarter Zeitung” and the “Stuttgarter Nachrichten”.
Only with an independent judiciary can it be possible to effectively enforce and defend the rules of democracy and the rule of law. “The AfD scandal in the Thuringian state parliament and the intervention of the state constitutional court have once again shown this very clearly,” said Rebehn.
The Federal Constitutional Court ensures compliance with the Basic Law. It determines responsibilities and limits for the actions of the state. It is particularly important for the enforcement of fundamental rights. Wherever autocrats gain power, “the first thing they do is take on the independent judiciary,” warns the Parliamentary Director of the Green Party, Irene Mihalic.
Source: Stern
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