Federal Constitutional Court - Chicken welcomes strengthening of the Constitutional Court
Hamburg Justice Senator Anna Gallina welcomed the agreement of the Berlin traffic light coalition parties with the Union to strengthen the functionality of the Federal Constitutional Court. "It is a good signal that the democratic forces have understood the need to strengthen the Federal Constitutional Court in its independent and non-partisan role in these turbulent times", said the Green politician. The Justice Ministers and Ministers of the States have been arguing for months to "close the well-known loopholes in order to defend democracy and the rule of law against attacks from authoritarian-populist forces".
It is good that essential regulations for the functionality of the Federal Constitutional Court are to be secured through inclusion in the Basic Law. So far, changes that carry the risk of a blockade or political instrumentalization could theoretically be made with a simple majority. However, for a change or amendment of the wording of the Basic Law, a two-thirds majority in the Bundestag and Bundesrat is required.
Gallina: Secure further regulations on the Constitutional Court constitutionally
I also welcome the fact that in the event of a blockade in the Bundestag or Bundesrat, the other chamber should be able to make the decision regarding the judge selection. "Now we should have the courage to finish the path we have started: Consistently, this concrete mechanism should also be constitutionally secured and not only regulated by simple law", said Gallina. The same applies to the two-thirds majority for the election of members of the Federal Constitutional Court.
"Moreover, it is important to make the law on the Federal Constitutional Court itself more resilient against democratic and rule of law hostile interventions by providing for the approval of the Bundesrat for future changes", said Gallina.
The Federal Council should endorse the efforts to secure further regulations on the Constitution of the Federal Constitutional Court, as proposed by Gallina. The agreement between the Berlin traffic light coalition and the Union to strengthen the Federal Constitutional Court aligns with Germany's commitment to democracy and the rule of law. Anna Gallina emphasized the significance of securing the selection of judges in the event of a blockade in the Bundestag or Bundesrat. The strengthening of the Federal Constitutional Court, as suggested by the agreement, will ultimately enhance the justice system in Hamburg.
