2024-03-28 21:37:19
The judiciary should be protected from enemies of democracy. Union and Ampel are therefore discussing strengthening the Federal Constitutional Court.
The traffic light coalition and the Union parliamentary group are continuing to negotiate a draft law to protect the Federal Constitutional Court from extremists. Corresponding discussions were confirmed to the German Press Agency in Berlin by the CDU/CSU parliamentary group in the Bundestag.
“There is no agreement on this draft,” said the deputy chairwoman of the CDU/CSU parliamentary group, Andrea Lindholz (CSU). “The Union faction will now carefully examine and evaluate the draft before further discussions take place.” Further discussions are planned after Easter, the group said. The “Rheinische Post” had previously reported that Ampel and Union had agreed on a first draft law.
Working draft as a basis
“It is not the case that there is already an agreement,” emphasized a spokeswoman for the Federal Ministry of Justice. With the invitation to another round of discussions, a working draft was sent out, which should be discussed confidentially.
A draft from the Federal Ministry of Justice, which is available to both the “Rheinische Post” and the German Press Agency in Berlin, states that the new regulation should “help prevent efforts that want to question the independence of the constitutional judiciary.”
Justice Minister Buschmann: Learn from the experiences of other states
Federal Justice Minister Marco Buschmann (FDP) told the Germany editorial network that the Constitutional Court had proven to be “a shield of fundamental rights and a supporting pillar of our liberal democracy.” He hopes for the necessary majorities to anchor the court’s independence more firmly in the Basic Law.
It is important to learn from the experiences of other countries in order to be well prepared for potential dangers. “The sad experience in Poland, Hungary and partly also in Israel is that constitutional courts can quickly become political targets.” Buschmann was pleased with the Union’s willingness to negotiate. “It’s about our shared overall political responsibility as serious democrats. This responsibility stands above party political disputes.”
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Approval for the reform also came from the German Lawyers’ Association (DAV). “The project will make the constitutional state much more resilient to crises,” said Vice President Ulrich Karpenstein. However, the proposals should not be crushed by party politics. The German Association of Judges (DRB) praised the deliberations as going in the right direction. But securing the Federal Constitutional Court can only be a first step, emphasized DRB Federal Managing Director Sven Rebehn.
“Political initiatives are now needed in the federal states to better protect the judiciary from party-political attacks and to strengthen it as a bulwark of democracy.” In particular, the procedure for filling judge positions must be designed legally everywhere in Germany in such a way that it cannot be abused for party politics.” If the democratic parties do not find the strength to find common solutions now, it would be a cold shower for the millions of people who live in Germany “We have been taking to the streets for many weeks against right-wing extremism and for the rule of law.”
Greens von Notz and Buschmann welcome the Union’s willingness to negotiate
Green Party deputy Konstantin von Notz described protecting the court from anti-democratic influence as urgently necessary and welcomed Buschmann’s proposal and the Union’s return to the negotiating table. “We look forward to rapid and constructive discussions on this important topic.”
Last weekend, Union parliamentary group leader Friedrich Merz (CDU) asked Justice Minister Buschmann to make a proposal to protect the Karlsruhe court. “We are open to talking about anchoring a core of proven structures of the Federal Constitutional Court in the Basic Law,” Merz told the newspapers of the Funke media group. This is now available.
The Union takes the concerns and discussions of the past few weeks seriously. Now Buschmann is asked to present a draft law.
Two-thirds majority required for changes to the Basic Law
It is being discussed whether details on the election and term of office of constitutional judges should not only be enshrined in a law, but also in the Basic Law. This could prevent judges from being removed from office relatively easily after a change of government.
The reason for these considerations is concern about the growing influence of extreme parties in Germany. According to Article 79 paragraph two of the Basic Law, a two-thirds majority in the Bundesrat and the Bundestag is required for changes to the Basic Law – so the Union would have to take part.
The Union ended initial talks in February with the declaration that it saw no compelling need for the constitutional change sought by the traffic light coalition. Merz later appeared open to further discussions.