No agreement yet
Ampel and Union are developing a plan to protect the Constitutional Court
March 28, 2024, 9:38 a.m
For months, the government and the opposition Union have been discussing whether and how the Federal Constitutional Court can be better protected from extreme forces like the AfD. There is now a first draft of the law – but no final agreement yet.
The traffic light coalition and the Union parliamentary group in the Bundestag have drawn up a first joint draft law for the protection of the Federal Constitutional Court. The “Rheinische Post” reports on this, citing a twelve-page working paper from the Federal Ministry of Justice.
The government and the largest opposition faction in the Bundestag now want to include central pillars of the court’s work in the Basic Law. According to the draft, the new regulation is intended to “help prevent efforts that seek to question the independence of the constitutional judiciary.” Corresponding discussions were confirmed by the CDU/CSU parliamentary group in the Bundestag. But there is no agreement. “Further discussions are planned after Easter,” it said.
According to the draft, several articles from the Federal Constitutional Court Act should now be incorporated into the Basic Law without any changes. These include, among other things, the article that stipulates the independence of the Karlsruhe judges: “The Federal Constitutional Court is a federal court that is independent and independent of all other constitutional bodies.”
Protection from extreme forces
Furthermore, the number of senates and judges as well as the election process, equally divided between the Federal Council and the Bundestag, should also be recorded. The length of the term of office is also recorded at twelve years. According to the report, the draft emphasizes: “All of these regulations are therefore exempt from change with a simple majority in the future.”
For several months there has been discussion about how the Federal Constitutional Court in particular can be protected from possible influence by extreme forces. The debate is taking place against the backdrop of the AfD’s rise in strength. So far, the law that regulates the responsibilities and procedures of the Federal Constitutional Court can be changed with a simple majority in the Bundestag. However, a two-thirds majority is required to change the Basic Law.