As of: February 23, 2024, 4:41 p.m
Comments
Press
Split
Nancy Faeser (SPD): “Our constitutional state must not be sabotaged from within.” © Hannes P. Albert/dpa
Does the Federal Constitutional Court's working basis have to be secured in the Basic Law or not?
The Union says it has not yet seen a viable proposal for this.
Berlin - Representatives of the traffic light government have called on the Union to support its efforts to secure the Federal Constitutional Court - regardless of current differences of opinion in other areas.
Federal Interior Minister Nancy Faeser (SPD) accused the Union of not doing enough to protect democracy and the rule of law from sabotage.
“In these times, state political responsibility is needed instead of fundamental opposition,” said Faeser to the German Press Agency.
Especially when it comes to protecting democracy, the principle should apply to all democrats: “First the country, then the party.”
Union parliamentary group leader Friedrich Merz said he did not generally rule out a legal change to protect the Federal Constitutional Court from enemies of democracy.
The Union is also ready to talk here.
However, he has not yet seen a useful draft from the traffic light coalition.
The German Constitutional Court is better protected than is the case in Poland, Hungary or the USA, said Merz.
But “if there are suggestions to protect it even better than we are currently doing anyway, then we are of course open to a discussion,” he said in a dpa video interview.
“We just don’t see any proposals at the moment that are really suitable for this,” he added.
There are currently no serious attacks on the Constitutional Court, said the CDU chairman, regardless of the “troubled political landscape”.
The traffic light coalition has considered enshrining details on the election and term of office of constitutional judges not just in a simple law, but in the Basic Law.
These could then no longer be changed with a simple majority, but only with a two-thirds majority.
This could, for example, prevent judges from being removed from office relatively easily in the event of a change of government.
Faeser responded to statements by the deputy chairwoman of the Union faction, Andrea Lindholz (CSU).
Lindholz had told the “Rheinische Post”: “The Union faction currently sees no compelling need to change the regulations on the Federal Constitutional Court in the Basic Law.” In discussions with representatives of the traffic light factions, it became clear that redesigning the legal basis of the Federal Constitutional Court would not only have advantages .
Such changes to the Basic Law would have to be very carefully considered.
Faeser sees a risk of sabotage
“Our constitutional state must not be allowed to be sabotaged from within,” said Faeser.
“When authoritarian forces attack democracy, the judiciary is often their first target,” warned the minister.
This could be observed in neighboring European countries.
My news
Russia escalates tensions on the border with Finland and sends thousands of refugees
“Unworldly”: Lanz speechless after the Green Party mayor’s statement about the asylum payment card reading
Germany sends another warship to the Red Sea – frigate “Hamburg” with special armament
After the heaviest losses: Ukrainian elite command receives “combat boats” with 1,300 hp
Russia threatens to shoot down NATO jets – read “return of particularly aggressive attitude”.
51 mins ago
Bundestag decides on controlled cannabis release: Union expresses criticism
It is therefore necessary to ensure the independence of the Federal Constitutional Court more strongly.” To this end, it would be advisable to include central regulations on organization and procedures in the Basic Law.
Union reacts angrily to Faeser's criticism
The Union faction rejected the criticism.
Her parliamentary manager, Thorsten Frei, told the dpa that Faeser had “totally lost measure and center” with her criticism.
It is not the job of his group to play the “cleaner” for the government.
“Instead of trying to silence us,” the traffic light government should address people’s concerns and needs.
The CDU politician criticized: “The traffic lights are pushing laws through parliament that the majority of citizens only shake their heads about.”
This applies, among other things, to the heating law, the shutdown of nuclear power plants in an energy crisis and the release of cannabis.
Buschmann believes continuation of the talks is possible
Federal Justice Minister Marco Buschmann (FDP) emphasized that his hand was further extended.
He called on the Union to restart the conversation.
He said: “I hope that perhaps we can all discuss this decision together again.” It is about developments such as those that have occurred in Poland and Hungary in recent years and those that are currently being discussed in Israel To exclude Germany in the future too.
Doing this is “not urgent in terms of day-to-day politics,” said Buschmann.
But in his view it would also be wise to secure the court's working basis now.
Association of Judges: Even supposedly stable constitutional states can collapse
The German Association of Judges (DRB), otherwise not necessarily a supporter of Buschmann's projects, sees it similarly.
DRB federal managing director Sven Rebehn told the dpa: “A look beyond Germany’s borders shows how quickly even supposedly stable constitutional states in Europe can overturn if illiberal forces want to do so.” Therefore, everyone involved in the federal and state governments should now resolve the political dispute Leave everyday business aside.
It is about looking for solutions as to how the Federal Constitutional Court and the judiciary as a whole can be “protected and consolidated as a bulwark of democracy”.
This is “a key state policy decision for the next few years and decades that all Democrats must now work together.”
The vice president of the German Lawyers' Association (DAV), Ulrich Karpenstein, warned: "Our constitutional jurisdiction is protected neither against blockades by parliamentary minorities nor against targeted interventions by simple majorities."
Hamburg's Justice Senator Anna Gallina (Greens) referred to a federal-state working group that is still dealing with the issue.
She said: “A draft to strengthen the Federal Constitutional Court, which was created in exchange with former members of the Federal Constitutional Court, is already available and is being discussed by the working group.” dpa