(de-news.net) – The Bundestag has ratified a constitutional amendment aimed at fortifying the Federal Constitutional Court against political manipulation. On Thursday, 600 deputies endorsed the amendment, while 69 opposed it, thus meeting the requisite two-thirds majority. The amendment enshrines structural elements of the court within the constitution, thereby necessitating a two-thirds majority in both the Bundestag and Bundesrat for any amendments, as opposed to the former simple majority requirement. Additionally, it introduces a contingency election mechanism to avert stalemates in appointments to the court.
Revisions will now be made to Articles 93 and 94 of the Basic Law. Article 93 will delineate the court’s status and organizational framework, specifying two senates each comprising eight judges, a 12-year tenure limit, age restrictions, a prohibition on re-election, and procedural autonomy. Article 94 will define the court’s jurisdiction and explicitly affirm the binding nature of its rulings. Furthermore, the amendment stipulates that judges will continue to be elected by both the Bundestag and Bundesrat, with a new mechanism enabling the alternative body to elect a judge if the designated body fails within three months.
The Bundesrat’s endorsement is required for the amendment to come into effect, possibly as early as tomorrow. Interior Minister Faeser underscored the importance of this measure by referencing historical precedents from the Weimar Republic. Conversely, AfD representative Jacobi accused other parties of using the amendments to portray themselves as defenders of the rule of law against the AfD.
There were apprehensions that extremist parties might endeavor to exert political influence over the highest court, potentially modifying fundamental structures without a two-thirds majority or establishing a third senate to handle specific decisions. Currently, the court’s plenum can propose candidates if a judge is not elected within two months post their term or premature departure, contingent upon a request from the senior member of the Bundestag’s election committee or the head of the Bundesrat.
