Federal Constitutional Court: Bundestag discusses better protection

This Thursday, the Bundestag will discuss 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 the Karlsruhe 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.

Federal Constitutional Court and independence

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. In their discussions on the current draft, the parliamentarians from the SPD, Greens, FDP and CDU/CSU looked at examples from Poland and Israel, among others.

Also on the Bundestag’s agenda is a longer debate entitled “October 7: One year after the terrorist attack by Hamas on Israel.”