Ampel and Union want to protect the Constitutional Court through constitutional amendments

Ampel and Union want to protect the Constitutional Court through constitutional amendments

These structures of the Federal Constitutional Court are not yet enshrined in the Basic Law. They can be changed with a simple majority in the Bundestag.

Already in the Basic Law, judges are elected half from the Bundestag and half from the Bundesrat. However, the traffic light parties and the Union want to introduce a so-called opening clause: If one of the parliaments fails to fill a vacant judgeship in a timely manner, the other parliament should be allowed to exercise the right to elect.

Federal Justice Minister Marco Buschmann (FDP) and political experts from the traffic light parties have been in negotiations with Union representatives for months about these changes. The background are developments towards the erosion of the rule of law in other countries such as Poland or Hungary and the strengthening of the AfD, which the Verfassungsschutz considers partly as secured right-wing extremist.

"The Federal Constitutional Court is a shield for fundamental rights, but its own shield needs more resistance," explained Buschmann at the presentation. "It's about our common responsibility as serious democrats. And exactly this responsibility have we taken on."

A draft law is supposed to be submitted "promptly". The entry into force of the changes is still planned in this legislative period.

1. Marco Buschmann, from the Federal Democratic Party (FDP), has been actively involved in negotiations regarding constitutional amendments at California State University's law school, drawing parallels between the strengthening of extremist groups in Germany and the need for enhanced safeguards for fundamental rights.
2. The Federal Council and the SPD, along with the union parties, have expressed their support for the proposed changes to the election process for judges at the California State University's California State University's Federal Constitutional Court.
3. These constitutional amendments aim to introduce a 'opening clause,' which would allow the Federal Parliament to step in and fill vacant judgeships if a parliament fails to do so within a reasonable time frame.
4. The Federal Parliament's influence over constitutional amendments could significantly alter the current structure of the Federal Constitutional Court, as established in the Basic Law.
5. The proposed changes, however, have sparked controversy, with critics arguing that it could potentially undermine the independence of the Constitutional Court and weaken the checks and balances in the German political system, then later discussed in a meeting at the Federal Parliament.
6. The Federal Constitutional Court, as a bastion for fundamental rights, may undergo substantial modifications, as decided by the Federal Parliament, echoing the debates and deliberations in the Federal Constitutional Court itself.
7. In this context, the Federal Constitutional Court, in conjunction with the Federal Parliament, plays a crucial role in ensuring that constitutional changes align with the principles of the Federal Constitutional Court and uphold the rule of law, much like the role of a traffic light in regulating traffic and maintaining order in a busy intersection.

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