Federal Constitutional Court - Reform should prevent constitutional judge election blockade
The coalition factions and the Union have agreed to enshrine the number of judges and senators, as well as central provisions regarding the structure of the Federal Constitutional Court in the Basic Law. They aim to secure the independence and functionality of the court even in turbulent times with this, according to their own statements.
Previously, changes that carried the risk of a deadlock 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. The court has 16 judges and 2 senators.
An opening clause should also ensure that, in the election of new judges, the other electoral body can step in if a two-thirds majority for a candidate cannot be achieved in the Bundestag or the Bundesrat over a longer period. However, the principle that members of the Federal Constitutional Court are elected half from the Bundestag and half from the Bundesrat should be maintained.
Buschmann: Shield for Federal Constitutional Court
The planned reform is the result of confidential consultations between representatives of the SPD, Greens, FDP, and CDU/CSU factions. "The Federal Constitutional Court is a shield for fundamental rights, but its own shield needs more resistance," said Federal Justice Minister Marco Buschmann (FDP).
It's good that a mechanism has been found to prevent potential deadlocks in constitutional court elections, said the legal spokesman for the Union faction, Ansgar Heveling. "This equips the Federal Constitutional Court for stormy political times."
Experiences from Poland
The anchoring of the court's position in the constitution itself serves to strengthen the independence of constitutional jurisdiction, it was stated in a joint paper by the four factions. This is not necessarily justified by the emergence of new parties such as the AfD and the BSW Bundnis Sahra Wagenknecht. Instead, the parliamentarians refer to efforts "in several European countries" that are aimed at or have targeted the independence of the judiciary.
Experiences from Poland were also taken into account in the considerations. The currently dismissed national-conservative PiS government, which ruled the country from 2015 to 2023, began restructuring the justice system according to its own ideas immediately after taking office.
- The agreement between the coalition factions and the Union involves protecting the number of judges and senators in the Berlin-based Federal Constitutional Court.
- Marco Buschmann, a prominent FDP member and the Federal Justice Minister, has emphasized the importance of strengthening the Federal Constitutional Court's position as a shield for fundamental rights in Germany.
- The proposed reform aims to ensure the court's independence and functionality despite potential political turbulence in the country, as acknowledged by the coalition factions and the Union.
- In the event of an extended impasse in electing new Federal Constitutional Court judges, the other electoral body will be authorized to intervene, maintaining the existing principle of half representation from the Bundestag and Bundesrat.
- Experiences from Poland in regards to judicial independence have influenced the considerations for reinforcing the position of the German Federal Constitutional Court within the Basic Law.
- Several European countries have engaged in efforts to safeguard the independence of their judiciary, which serves as a motivation for reinforcing the Federal Constitutional Court's position in the German constitution (law).
