Extreme parties and enemies of democracy could eliminate the highest German court relatively easily. The traffic light coalition is therefore considering better protecting the monitoring body. The Union signaled support.
The Federal Constitutional Court is the highest judicial authority for control and one of the central pillars of democracy. It protects the constitutional order based on the Basic Law. But it is also vulnerable. Politically, it would be comparatively easy to eliminate; all that is needed is a simple political majority.
Extreme parties and “enemies of democracy” could have an interest in this. So what should you do if these forces become ever stronger in Germany?
Union would have to agree
The traffic light coalition is therefore considering better protecting Germany’s highest court as a precautionary measure. For example, by changing the Basic Law, but this would require the help of the largest opposition faction, i.e. the Union.
And that’s where support comes from. “We share the concern about party political influence on the judiciary and in particular the Federal Constitutional Court,” said parliamentary group deputy Andrea Lindholz (CSU) to the newspapers of the Funke media group. The topic is important and should be discussed on a broad basis.
“Agree in principle”
The editorial network Germany (RND) also reported from coalition and opposition circles that there was agreement in principle. The aim is to avoid a situation like that in Poland, where the Constitutional Court collapsed under pressure from the then ruling Law and Justice party (PiS).
The parliamentary managing director of the SPD parliamentary group, Johannes Fechner, suggested in the “Welt am Sonntag”, also with reference to Poland, that a change to the law on the Federal Constitutional Court should in future require a two-thirds majority instead of a simple majority.
Parliamentarism and the constitutional judiciary must be made more resistant to “enemies of democracy,” added FDP parliamentary manager Stephan Thomae. To this end, essential structures of the court should be anchored in the Basic Law. A two-thirds majority would be necessary for a change to the Basic Law – the government factions would therefore need the consent of the CDU/CSU.
“Maximally important for our democracy”
Green Party deputy Konstantin von Notz therefore approached the Union. “It is necessary and right to discuss quickly and decide how we can better protect the Federal Constitutional Court, which is extremely important for our democracy. It is important to fully include the CDU and CSU in the deliberations from the start,” said von Notz RND.
Federal Interior Minister Nancy Faeser also spoke in the debate: “Authoritarian forces want to destroy democracy and the rule of law from within by attacking the independent judiciary and democratic institutions.” This is also known from the recent past in neighboring European countries, the SPD politician told the Funke newspapers. “The fact that this is now being debated in the Bundestag, in academia and in public shows that many have recognized the dangers to our democracy.”
The background to the considerations is the concern that extreme parties will gain strength in the federal government. Should they ever gain a parliamentary majority, they could relatively easily eliminate the Federal Constitutional Court as the central supervisory authority.