A large majority in the German parliament, the Bundestag, has approved a reform they claim will protect the independence of the Constitutional Court and prevent its functioning being blocked by “extremists”.
Supporters say the reforms will stop “extremists” in the Bundestag holding up nominations to the Constitutional Court and will give the court more autonomy on what cases to handle.
Interior minister Nancy Faeser said the changes were needed “so that the arch-enemies of democracy have no chance”.
She said when autocrats came to power, they usually immediately set about “gutting” the rule of law.
During the debate, supporters of the reforms repeatedly portrayed speakers from the hard-right Alternative for Germany (AfD) party as “anti-Constitutional”.
But Stephan Brandner of the AfD said, “They are introducing an emergency mechanism and want to eliminate strong political new forces.”
The supporters of the changes “simply put aside the principle of two-thirds majorities in the Bundestag and Bundesrat, which has been tried and tested for decades,” said Brandner.
Both the AfD and the hard-left populist Sahra Wagenknecht Alliance (BSW) party voted against the reforms.
The changes means several provisions will now be codified, including a 12-year term for Constitutional Court judges, the exclusion of their re-election and a retirement age of 68.
The number of judges will be fixed at 16, divided into two panels (senates). To ensure the court’s ability to function under all circumstances, the Constitution stipulates that a judge continue to perform his or her duties until a successor is elected.
It also stipulates that the court itself determines its own way of working. For example, it is about being able to process cases according to importance – not chronologically.
In all likelihood, populist parties are set to win in the upcoming federal elections in February and the establishment parties wanted to ensure that, with Constitutional reform approved on December 19, the populists would not be able to form blocking minorities that would affect court functioning.
Some 600 MPs voted for the reform, thus exceeding the required two-thirds majority with ease, with 69 against.
Certain existing regulations will be included in the Constitutional Law, so that they can no longer be easily changed.
A new element is the introduction of a substitute election mechanism where, if the parliament does not agree on a candidate within three months, the right to vote will be transferred to the Bundesrat, where the Socialists and Christian Democrats historically always have been overrepresented.
The Bundesrat is the legislative body that represents the 16 German States at the federal level.
The required two-thirds majority for the election of Constitutional Court judges was not written into the Constitution, meaning the quorum could be lower with a simple majority in the Bundestag. This was again done with the idea of avoiding possible blockages.
COMMENT: In Germany, anti-constitutional rhetoric and groups are illegal, unless they are of Islamist origin, in which case nothing really happens, writes @bogdanosk. https://t.co/OtmesBaRQc
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Constitutional judges typically undergo a nomination process to ensure their independence and impartiality, reflecting their role in upholding the rule of law and interpreting the Constitution.
The two-thirds majority requirement was meant to prevent political influence, fosters broad political consensus and underscored the importance of their decisions on fundamental rights and democratic structures.
German politicians pointed to the political battle over the justice system in Poland as another reason for the change, claiming right-wing populists there had abused their power to get what they wanted.
One of Germany’s state-level security agencies, meant to prevent extremism and espionage, has announced it is in solidarity with Antifa, a far-left political movement. https://t.co/bwhVIN0zdn
— Brussels Signal (@brusselssignal) October 18, 2024
