Marco Buschmann (FDP, M), Federal Minister of Justice, speaks at a press conference about strengthening the resilience of the Federal Constitutional Court. The SPD, Greens and FDP factions have agreed with the Union on a reform to better protect the Federal Constitutional Court from extremists. /image alliance, Britta Pedersen
Berlin – The traffic light factions and the Union have agreed to increase the number of judges and senates as well as other central requirements for the structure of the Federal Constitutional Court (Federal Constitutional Court) anchor themselves in the Basic Law. According to their own statements, they intend to guarantee the independence and functionality of the court even in times of storm.
Until now, changes that would have entailed the risk of a blockade or political instrumentalization were theoretically possible with a simple majority in the Bundestag. However, a two-thirds majority in the Bundestag and the Bundesrat is always required to amend or supplement the wording of the Basic Law. The court has 16 judges and two senates.
An opening clause is also intended to ensure that the other electoral body can intervene when new judges are elected, should there be no two-thirds majority for a candidate in the Bundestag or the Bundesrat for a longer period of time. However, the principle that the members of the Federal Constitutional Court are elected half by the Bundestag and half by the Bundesrat must be respected.
The planned reform is the result of confidential discussions between representatives of the SPD, Greens, FDP and CDU/CSU factions.
“The Federal Constitutional Court is a protective shield for fundamental rights, but its own protective shield needs even more resilience,” said Federal Justice Minister Marco Buschmann (FDP). He believes that we now have a legal mechanism so that a mere legislature cannot “hinder and impair” the functioning of the Federal Constitutional Court in an invasive and destructive manner.
Johannes Fechner (SPD) stressed that the constitutional state must be better protected against enemies of the constitution. The aim is to avoid scenarios like those in Hungary and Poland, where constitutional courts were paralysed by new senates or lowering of age limits.
Konstantin von Notz (Greens) said there were “attacks on democracy every day”. “There are parties that want to see the place burn down, that want to undermine trust in the institutions,” he said. Something needs to be done to counteract this. The question is how the Federal Constitutional Court can remain operational, “even if things are difficult in parliament at the moment”.
It is good that a mechanism has been found to avoid any blockages in the elections for constitutional judges, said the Union faction’s general counsel, Ansgar Heveling. “This means that the Federal Constitutional Court is also prepared for stormy political times.”
Anchoring the court’s position in the constitution itself serves to strengthen the independence of the constitutional judiciary, according to a joint document from the four factions.
The parliamentarians involved do not justify why this is necessary with the emergence of new parties such as the AfD and the Sahra Wagenknecht Alliance (BSW). Instead, they refer to efforts “in individual European countries” that aim or have aimed to question the independence of the judiciary.
Among other things, the experiences of Poland were taken into account. In Poland, the now-deposed national-conservative PiS government, which led the country between 2015 and 2023, began restructuring the justice system in line with its ideas immediately after taking office. © dpa/may/aerzteblatt.de