Additional Safeguards

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Germany’s governing coalition and main opposition plan to amend the constitution to protect the country’s top court from potential manipulation and obstruction from far-right parties, as well as ensure its independence, the Financial Times reported.

On Tuesday, Justice Minister Marco Buschmann announced the proposal, saying it was designed to “safeguard the independence and viability” of the Federal Constitutional Court.

He explained the reforms would enshrine the existing rules that govern the court into the constitution, making it harder to alter them in the future.

These include allowing justices to serve a single 12-year term and retire at the age of 68. The rules also stipulate that the court is made up of 16 judges divided into two panels, and it has the freedom to manage its own affairs without outside interference.

Buschmann added that the parties agreed to introduce measures to prevent obstructions, such as new procedures to fill judicial positions if one of the chambers of parliament cannot agree: For example, the upper house can step in to elect a justice if the lower house fails to do so – and vice-versa.

The amendment is supported by the three-party coalition of Chancellor Olaf Scholz, and the conservative opposition Christian Democratic Union party and its Bavaria-based sister party, the Christian Social Union.

Observers have noted that this combined support from the mainstream parties provides sufficient votes to make up the two-thirds majorities required from both houses of parliament required to change the constitution.

The unusual cross-party backing comes amid concerns over judicial independence in some European Union countries, such as Poland and Hungary.

Before it lost power in the 2023 elections, Poland’s Law and Justice Party (PiS) filled the nation’s constitutional court with political appointees and approved laws that critics warned undermined the separation of powers.

The overhauls resulted in a years-long standoff between the PiS-led government and the EU that only ended in recent months, according to the Associated Press.

The changes also highlight worries about the rising popularity of the Alternative for Germany, or AfD, with lawmakers fearing a scenario where the far-right group could become strong enough to block judicial appointments and paralyze the court.

Based in the southwestern city of Karlsruhe, the Federal Constitutional Court is crucial in adjudicating key national issues, such as bailout plans during the eurozone debt crisis and environmental policies.