- The Constitutional Court's decision on the right to vote
The night before the verdict was announced in the latest electoral reform case, the decision of the Federal Constitutional Court could already be found on the internet. This was likely an accident, not a hacker attack or the work of a so-called whistleblower. "There are currently indications of a technical cause," a court spokesman in Karlsruhe said. "The details are being clarified."
The incident was unusual: On Monday evening, a PDF suddenly appeared that looked like a verdict from Germany's highest court. It was the verdict that the "traffic light coalition" and the opposition, as well as more than 4,000 private plaintiffs, press representatives, and other interested parties were waiting for. It was temporarily available on the website of the Federal Constitutional Court. However, the spokesman did not confirm in the evening whether it was genuine and referred to the announcement. This was scheduled for Tuesday at 10:00 a.m. However, media outlets had already reported on the content, and politicians had commented on it.
The "genuine" verdict has 75 pages.
The format in which the decision was allegedly prematurely published due to an error is unusual: as a PDF. Usually, the court posts decisions as flowing text on its website. There, the verdict on the electoral reform has been available since midday. The link begins with the words "The Federal Election Act 2023 is predominantly constitutional."
The PDF, which was also available to the German Press Agency, has 72 pages. The printed version, which is distributed in the press room at the beginning of the announcement, has 75. The formatting is slightly different in some places. Also, some leading sentences from the verdict are missing in the PDF.
The incident was so extraordinary that even the chairwoman of the Second Senate and Vice President of the Court, Doris König, had to comment on it at the beginning of the session: "I assume that the expectation is now that we will make a statement," she said after announcing the basic decisions of the court. She also referred to a possible technical error. "The court is currently investigating how this could have happened."
After that, König continued with the explanatory introduction before the verdict was read in excerpts. "Because those who haven't read the verdict yet probably won't really understand the gist from the tenor alone," the judge said.
Gysi not quite as excited
The reactions were mild, there was no talk of ridicule or mockery in the court. Rather, with a twinkle in his eye, long-standing Left Party member Gregor Gysi said in the morning before the announcement: "I was quite excited about the result of the proceedings. My excitement has been slightly reduced by a small mistake, because one can already guess the decision, so to speak."
The deputy chairwoman of the Union faction, Andrea Lindholz (CSU), found the fact that the verdict was available on the internet for a short time before the announcement more serious. This is very questionable, she explained, "especially in the current situation, in which we are intensively campaigning for trust in our democratic institutions."
The unexpected leak of the verdict before its official announcement raised questions about the court's security measures. It is crucial that justice is served fairly and efficiently, ensuring the integrity of the judicial process.
The incident underscores the need for effective measures to protect sensitive court documents, safeguarding justice and preserving public trust in the judicial system.
