Independence of the judiciary: Broad support for draft of the Federal Constitutional Court

Independence of the judiciary: Broad support for draft of the Federal Constitutional Court

Union and Ampel want to make the Federal Constitutional Court storm-proof for possible times of crisis. To this end, specifications for the structure of the institution should be included in the Basic Law. The AfD believes this is unnecessary.

In unusual harmony, the Bundestag discussed for the first time a joint proposal from the traffic light factions and the Union to protect the independence and functionality of the Federal Constitutional Court. The planned reform is necessary because it is becoming apparent “that the parties on the political fringes are becoming stronger,” said the deputy chairwoman of the Union parliamentary group, Andrea Lindholz (CSU). In Poland and Hungary it has been shown how enemies of democracy can abuse a parliamentary majority to influence the Constitutional Court, said SPD parliamentary group vice-president Dirk Wiese.

We are acting with foresight here, said the Green right-wing politician Till Steffen. He emphasized: “We Democrats are not stupid.” The proposals for better security for the court are “a good start,” said Clara Bünger from the group Die Linke.

AfD considers the plans of Ampel and Union to be unnecessary

The AfD opposed the project. Your MP Fabian Jacobi questioned the need to anchor the tried and tested rules governing the structure and functioning of the Karlsruhe court in the Basic Law. He said there were currently “no moves to change this”.

So far, changes that pose the risk of a blockade or political instrumentalization of the Karlsruhe court have theoretically 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. Since this also applies to the reform now being sought, the traffic light coalition was forced to bring the opposition Union on board.

Federal Justice Minister Marco Buschmann (FDP) praised the constructive negotiations between Ampel and the CDU/CSU on the project. He said: “This was parliamentarism at its best.” And: “People listened to each other here.”

The SPD, Greens, FDP and Union want to enshrine the twelve-year term of office of judges and the exclusion of re-election as well as the age limit of 68 years in the constitution. The definition of 16 judges and two senates should also be anchored in the Basic Law. So that the court’s ability to function is not jeopardized in any case, the Basic Law should also state that a judge continues to carry out his official duties until a successor is elected.

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.

Source: Stern

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