German lawmakers have passed a significant legislation aimed at fortifying the country's Federal Constitutional Court against potential manipulation or obstruction by authoritarian or extremist politicians. The move comes in response to concerns raised by experiences in countries like Poland and Hungary, highlighting the importance of safeguarding the independence of the judiciary.
The legislation, supported by the three parties in the former governing coalition and the mainstream conservative opposition, received overwhelming approval in the Bundestag with 600 votes in favor and 69 against. The new law will enshrine the court's operating principles in the constitution, requiring a two-thirds majority in parliament to make any future changes, as opposed to a simple majority.
Interior Minister emphasized the critical role of an independent judiciary in upholding the rule of law, cautioning against the erosion of judicial independence by autocratic regimes. The Federal Constitutional Court, located in Karlsruhe, plays a crucial role in interpreting and upholding the constitution, often serving as the final arbiter on legal matters.
The reform includes provisions to ensure the court's integrity, such as the appointment of judges for a single 12-year term and an upper age limit of 68. Justices are elected by both the Bundestag and the upper house, with candidates requiring a two-thirds majority for selection to maintain a balanced composition.
Notably, the legislation includes mechanisms to address potential gridlock in the appointment process, allowing the Bundestag or the upper house to elect judges if one chamber fails to do so. This measure aims to prevent any obstructive actions that could impede the functioning of the court.
While the reform has garnered broad support, the far-right Alternative for Germany party has raised concerns about potential political influence over the court. However, proponents argue that the changes are essential to safeguard the court's independence and ensure its effectiveness in upholding the rule of law in Germany.
