Germany’s ruling coalition and conservative opposition reached an agreement on a new proposal on Tuesday to safeguard the Federal Constitutional Court, the highest court in Germany, by introducing changes to the Basic Law. These reforms would shield the court from potential interference from extremist or authoritarian actors.
According to Marco Buschmann, Germany’s Minister of Justice, the proposed legislation seeks to enshrine several key requirements to the constitutional level, to reinforce the Federal Constitutional Court. These requirements include changes to the status of the court; the term length for judges (12 years), the age limit for judges (68 years), the number of judges (16), the number of senates (2), the prohibition on the reappointment of judges, the continuation of official matters until a successor is appointed, the binding nature of the court’s decisions and the court’s autonomy regarding its internal regulations.
Additionally, the Minister suggested that an opening clause be added to the Basic Law to enable ordinary legislators to make arrangements should the Bundestag (Federal Parliament) or the Bundesrat (Federal Council) fail to appoint a judge on time. The other electoral body would then be authorized to exercise the voting right to fill the vacant position.
The proposed amendment represents a protective barrier against alterations to the court’s structure and functions, as such changes would require a two-thirds parliamentary majority rather than a simple majority, according to Article 79 of the Basic Law.
This proposal follows a series of measures targeting extremist groups announced in February of this year, including financial tracking of right-wing extremist groups and establishing a special “early recognition unit” designed to detect far-right disinformation campaigns.