Lawyers' associations welcome proposals to protect the Constitutional Court
SPD, Greens, FDP and Union previously presented their plans for better securing the structure and powers of the Constitutional Court. Several amendments to the Basic Law are planned, which are supposed to take place this year. The background are developments of the erosion of the rule of law in other countries and the strengthening of the AfD, which the domestic intelligence agency classifies as right-wing extremist in some parts.
"The examples of Poland and Hungary have shown in alarming ways how quickly supposedly stable rule-of-law states can collapse if illiberal forces make it their goal," explained the managing director of the German Judges Association (DRB), Sven Rebehn. This announced securing measure could "however only be the first step to make the rule of law as a whole more resilient against extremists." Initiatives are also needed in the countries.
In particular, the procedure for filling judicial vacancies "must be legally regulated everywhere in Germany in such a way that it cannot be politically instrumentalized," demanded Rebehn. The legal loopholes for a political misuse of prosecution "must be closed urgently". The ministerial instructions for the prosecution offices "in the case of unpopular investigations by the public prosecutors" are "poison for the trust of the people in an independent prosecution".
The German Bar Association welcomed the fact that the parties have agreed on a mechanism for resolving blockades in the appointment of judges. "This increases the pressure for consensus and at least factually secures the requirement of a two-thirds majority for judge elections, which is essential for the decision-making and justification culture of the Federal Constitutional Court," explained DAV Vice President Ulrich Karpenstein. The constitutional judges are elected half by the Bundestag and half by the Bundesrat. Planned is that in case of blockades in one of the parliaments, the other ensures the timely filling of the vacancies.
However, even DAV representative Karpenstein saw further need for action and demanded a stronger securing. It is important that future changes to the Federal Constitutional Court Act and in particular the quotas for judge elections and court decisions "can no longer be changed with a simple majority in the Bundestag," he declared. Because in Poland, Hungary and Turkey it has been shown how "procedural tricks" are used "to paralyze Constitutional Courts first and then silence them". The DAV therefore demands that at least essential procedural and electoral regulations require the approval of the Bundesrat.
- The SPD, Green, FDP, and Union have proposed enhancing the safeguards of the Hungarian-like erosion of the rule of law in Germany's Federal Constitutional Court.
- Sven Rebehn, the managing director of the German Judges Association, expressed concerns over Poland and Hungary's rapid decline of rule-of-law states due to illiberal forces.
- Rebehn urged for changes in Germany's procedure for filling judicial vacancies to prevent political manipulation by parties.
- The German Bar Association (DAV) supported the parties' agreement on resolving disputes in judicial appointments, which strengthens the two-thirds majority in the Bundestag and Bundesrat.
- Ulrich Karpenstein, DAV's vice president, called for additional measures, including the necessity of a supermajority in the Bundestag for modifying Federal Constitutional Court Act and court rulings.
- This move aims to prevent the use of procedural tricks seen in Poland, Hungary, and Turkey to undermine Constitutional Courts, as explained by Karpenstein.
- The German Judges Association (DRB) and DAV also support suggestions by the Federal Constitutional Protection to create a Federal Constitutional Protection Act, similar to Poland's, for safeguarding the rule of law in Germany.
- The German Judges Association's German Judges Association and DAV backed the German Judges Association's German Association's wish by the German German Judges Association's German Association to ban the far-right Alternative for Germany (AfD) party from political involvement in the country's justice system, as urged by the German Judges Association and supported by the German Judges Association and DAV.
